David J. Toscano

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Toscano Bill Adds Serious Misdemeanor Offenders to DNA Database

January 14, 2015 by David Toscano

FOR IMMEDIATE RELEASE
Contact: Carmen M. Bingham
carmen@davidtoscano.com
Jan. 14, 2015

CHARLOTTESVILLE – Delegate David J. Toscano (D-57th District) filed a bill that would include several serious Class I misdemeanors to the list of offenses requiring a DNA sample to be submitted by an individual once convicted of the offense. Sheriff J.A. “Chip” Harding of Albemarle County has been a strong proponent of increasing the DNA database believing this would provide law enforcement an effective tool to prevent such tragic events as the death of Hannah Graham.

“I believe if law enforcement obtains DNA for serious convicted misdemeanors, we would triple the databank and get people early in their crime careers,” said Sheriff Harding. “Stopping a repeat offender early could prevent them from going on to commit much more heinous crimes.”

“If there is a way we can prevent another tragedy, then we should do it,” said Toscano. “Law enforcement should have every available tool to ensure our families and communities do not become victims of potential repeat offenders.”

House Bill 1617 would add ninety-nine Class I misdemeanors to the list of offenses that require a convicted offender to provide a DNA sample. Among these Class I misdemeanors are assault and battery, criminal trespass, reckless handling of firearms, maiming, killing or poisoning animals, harassment by computer, impersonating a law enforcement officer, identity theft, credit card fraud, DUI, prostitution, abuse and neglect of incapacitated adults, and indecent exposure. Most traffic offenses are excluded, as are offenses committed by juveniles, with the exception of three misdemeanor sex offenses– sexual battery, attempt to commit sexual battery and peeping. The Daily Progress recently reported on Delegate Toscano’s bill. The story can be found here: tinyurl.com/ToscanoDNA

In addition to these bills, Delegate Toscano has introduced HB2139, a bill that requires reporting of felony criminal sexual assaults at institutions of higher education. Another bill directs institutions of higher education to note on the transcript of a student dismissed from their institution for violation of the institution’s sexual misconduct policy.

Filed Under: Archive: Press Releases, News Tagged With: DNA Database Expansion

Send David Back to Richmond, 2015

January 12, 2015 by David Toscano

Send David Back to Richmond Event
January 8, 2015
The Space Downtown
Charlottesville, Virginia

quotation markThank you, Creigh Deeds, for that wonderful introduction. Creigh is such an ally and a tireless advocate for the values we support.

Thank you, Carmen, Lauren, Kevin, Jarrod, Lauren for working on this event.

Thank you Tim and Vincent, The SPACE is certainly the place.

Send David Back to Richmond 2015 at the Space, Jan. 8, 2015

Thank you, String Theory Quartet from Charlottesville High School: Margie Manto, David and Eliza Cohn, and Eve Allen. They are all seniors in an orchestra which continues to win awards around the world. One thing I really like about the Charlottesville orchestra is that it has students from both the city and county together and it shows that city and county can really “make beautiful music together.”

Thank you, Shawn Cossette from Beehive, for the place settings and décor.

Thank you, Nancy and Matthew, for sticking with me through thick and thin, always quick with a smile and supportive word. Going off for 46 or 60 days is not easy.

And thank you to all you sponsors and supporters here tonight. You have been so great for so many years. I am so lucky to have you on our side as we go down to Richmond to do the peoples business.

I recently sent out an email with a little preview of what we are facing this session: a tough budget (again); attacks on immigrants and gay rights and same sex couples (we have already seen the bills); more efforts to reduce the ability to vote; the push of a conservative political agenda. I won’t spend a lot of time reviewing this email —- it would take a lot of time and I know ALL of you have read it already.

But despite all of our political challenges, I remain optimistic that we can accomplish some very good things-and that we are on the right side of history. To be sure, it is always a struggle; the forces of reaction never go down without a fight, but I believe, as I think you do, that the arc of history bends toward justice, and that ultimately, we will prevail.

addressing the well-wishers at the Send David Back to Richmond, 2015 event on January 8, 2015Two wonderful elected officials who shared that view just passed away this month. And as we go forward, perhaps we can take a lesson or two from them.

The first was, like me, an adopted Virginian, Jim Murray. He served, like me, in the House of Delegates, and like me, he was influenced by his Catholic upbringing in an ethnic household. Not exactly Toscano, but my mother was part Irish so I will assume this mantle.

The second was Mario Cuomo, again Catholic, again ethnic but this time with an “o”. He always reminded me of my thoroughly Italian grandfather, who served in elected office while running a small, men’s clothing store in my hometown of Syracuse, NY many years ago. From my family, I learned those ethnic and religious values of hard work, social justice, and support to those in need. They have always been very important to me and I believe affected how I view the world and how I represent you in Richmond.

Both Murray and Cuomo were public servants in the finest sense of the word, and Democrats to their core. They stood for values that we consider so important today — fairness, opportunity, and diversity. Sure, like all of us, they had their weakness — but these were overshadowed by their willingness to fight for the little guy and to advocate for the voiceless. It is people like these who serve as inspirations to those who followed them.

In so many of Cuomo’s speeches, including his stirring “Tale of Two Cities” address to the 1984 Democratic National Convention, he argued that we Americans rise and fall together, and stressed the risk that if we didn’t watch out for our neighbor and provide opportunities to all Americans independent of wealth and power, we would eventually lose our way. We needed to see others problems as ours as well.

Creigh and I believe that this is what you want us to do in Richmond.

So when we hear of a father in Southwest Virginia who faces the choice of sending his sick child to the doctor or putting food on the table, that becomes OUR choice and OUR problem.

And that is why we have been fighting so hard to expand Medicaid, to bring our Virginia tax dollars back home to help 400,000 citizens get insurance that they do not presently have, to help create jobs, and to assist our hospitals as they struggle in an uncertain economic environment.

And when we meet the home health nurse in Fairfax, who joins with other workers to fight for a higher living wage, we make it OUR fight. And that is why Democrats in the House will be pushing to increase the minimum wage in Virginia this year. When families in Central Virginia-black and white-feel the sorrow of losing their daughters to senseless attacks by sexual predators, that is OUR sorrow… and OUR anger.

And that is why we are pushing bills to make this less likely, from my bill to require DNA samples be taken from all convicted of serious misdemeanors to a measure that require greater reporting of rape on college campuses.

And more and more, when we meet students and young people who argue for a future free from the dangers of climate change, we know that this is OUR argument — AND IT IS OUR FUTURE.

That is why I have several bills to promote greater use of solar, and will oppose efforts by the utilities to” tax the sun” by imposing unreasonable “standby charges” on citizens who generate energy that is sold back to the grid, and will work to repeal the special tax breaks given to the coal industry, preferences which do not work, and take money away from education and public safety.

Yes, we believe in the idea of the Commonwealth, that we are bound to each other and that we fail or succeed together. So how do we succeed together?

We succeed together when high school students from our poorer neighborhoods have access to resources that allow them to compete with their counterparts in the wealthiest parts of our Commonwealth .

We succeed together when we stand firmly behind the law in supporting same sex marriage and ensuring that women health centers can remain open to provide the widest array of reproductive services.

We succeed together when we can reduce the high incidence of teenage pregnancy in Charlottesville and make sure that reproductive health services and contraception are available to all who need them.

We succeed together by supporting Bright Stars preschool in Albemarle while extending pre-K options in Charlottesville.

And we succeed together — as a Region and as a Commonwealth — when we harness the intellect and skills at the UVA medical school and make them available-through telemedicine and other initiatives — to enhance health care in our area and in poorest areas of the state.

This has been a difficult year for this community. Hannah Graham, Sage Smith, Alexis Murphy, RollingStone. But throughout it all, we stuck together, marshaled our resources, and made changes.

at Send David Back to Richmond 2015Again, I am reminded of Cuomo. In that ’84 speech, he challenged us to “remember how futures are made”. He could just have easily said that “futures just don’t happen; they are made — by you, by your neighbors, and by the elected leaders you choose.” I am so honored to be one of those elected leaders and to fight for those values Murray and Cuomo epitomized, and that we embrace. Thank you again for your support, and rest assured, I will never stop fighting for the causes that we hold so dear.

Filed Under: Events

2015 Virginia General Assembly Convenes January 14

January 6, 2015 by David Toscano

The Virginia General Assembly will return to Richmond on Wednesday, January 14, 2015, to begin its 46-day “short” session. Republicans will remain in control of both chambers, while Democrats control the top three statewide offices of Governor, Lieutenant Governor, and Attorney General. This either sets the stage for a wide variety of bipartisan successes or, in the alternative, a partisan gridlock. Hopefully, there will be more of the former and less of the latter.  Here are some things to watch as the Assembly unfolds:

  1. What will happen with the state budget? Largely because of federal sequestration, the Virginia economy has not been rebounding from the recession as quickly and as robustly as everyone had hoped. The consequence of this has been lower revenues coming into our treasury and greater challenges with our budget. My budget priority has always been K-12 education. According to our independent state watchdog, the Joint Legislative Audit and Review Commission (JLARC), state spending per pupil, adjusted for inflation, is less now than it was in 2005. Much of the magic of education happens in the classroom, and it is essential to pay good teachers the salaries necessary to get the job done. State-sponsored raises for teachers have been virtually nonexistent in recent years, and that needs to change. But it is not just K-12 education that needs additional funding. We also need investments in Workforce development, community colleges, and our colleges and universities. Another recent report from JLARC noted that, in FY2013, the Commonwealth spent $341 million in federal, state, and local monies on Workforce development, but only 16 percent of Virginia businesses surveyed used our Workforce programs to find employees. We simply need to do a better job with the limited monies that we have.
  2. How can we jump start the economy? The Governor’s number one priority is economic opportunity and jobs. Our budget must provide him with the tools and funds to do this work by investing in the Port of Virginia, and by providing incentives for advanced manufacturing, bioscience, and university research. We also need to give Virginians a raise by increasing the minimum wage to at least $10.90 per hour, which is the equivalent, in inflation-adjusted dollars, of the minimum wage in 1968. The minimum wage has not been raised since 2007. Despite assertions by some business groups, a recent study concludes that a modest increase in the minimum wage has “little or no effect…on job growth.” I would prefer the federal government raise it, but if they will not, Virginia should.
  3. Will we change state tax incentives and preferences that have outlived their usefulness? The economy and job creation needs to be a key priority for us. The Governor has been working hard to bring new economic activity to the Commonwealth and invest monies strategically to diversify our economy. We cannot afford to concentrate our resources on anything but programs that are bringing the greatest return. This year, I will offer a bill that repeals two coal tax credits and redirects these monies to higher education. This will provide approximately $90 million per year. The credits were created years ago to encourage coal and utility companies to create jobs. A JLARC report issued several years ago indicated that the coal tax credits no longer work. I believe that instead of sending these breaks to coal and utility companies, we should invest in creating jobs for the future.
  4. What will happen to Medicaid expansion? The House Republican Caucus has blocked Medicaid expansion, with the result that we continue to lose between $4 million and $5 million per day in our tax dollars that flow to Washington and do not come back to Virginia. Bringing those dollars back would help provide insurance to 400,000 Virginians who do not now qualify, create 30,000 new jobs, and bolster our hospitals which are facing serious federal funding cuts. The failure to expand Medicaid makes little economic sense and hurts a number of our citizens, a view held by most of our hospitals and by the Virginia Chamber of Commerce.
  5. Will there be real ethics reform? An ethics bill will be passed this session, but how strong will it be? I support many prohibitions against gifts and trips for legislators, campaign financing reform, and the creation of an independent ethics commission with real teeth. I will be carrying a Governor’s bill that will prevent legislators from raising campaign funds during “special sessions” (we have been in special session since March 2014), and another that will discourage legislators from using their office to bolster their VRS retirement by taking state jobs after they end their service with the legislature.
  6. Will the legislature attack issues of sexual assault on campuses? The Governor has appointed a task force on sexual assault on college campuses and many of us are extremely concerned about the reporting of sexual violence, especially in the aftermath of the Rolling Stone article about UVA as well the Hannah Graham case. I will introduce several bills on these issues. One will require that DNA samples be taken from anyone who has been convicted of a serious misdemeanor charge, much like we do presently with fingerprinting. One must always be careful about speculating, but it is quite possible that had this law been in effect last fall, the alleged perpetrator of the Hannah Graham murder might never have met her that night. A second bill will require colleges that expel persons for sexual assault make a designation on their transcript to that effect. Finally, I am working with colleges and university personnel to introduce a bill that will require certain university personnel to report sexual assault to law enforcement. My approach will balance the individual rights of victims with the need to protect the community from repeat offenders.
  7. What will happen with redistricting? For years, I have supported a nonpartisan redistricting commission. The Republicans in the House have killed those bills whenever they have been introduced. This year may be different. A recent court case found that General Assembly’s redistricting of Congressional districts was unconstitutional and a lawsuit was filed last week that challenges the constitutionality of the House of Delegates’ districts. This lawsuit will be carefully watched because it creates the possibility that the lines for all 100 House districts will have to be redrawn in the next several months. That could dramatically change the competitiveness of many districts.
  8. Will there be an effort to “tax the sun”? There may be efforts to attack the EPA and undermine the promotion of renewables. A number of us will push to support greater use of wind and solar power, including resisting the imposition of a “stand-by charge” on people who use solar power sufficient to generate electricity that they can sell back to the grid. I have a bill that will establish a registry by which solar credits may be bought and sold as a way to encourage greater use of solar energy. I will also be supporting a Governor’s bill that will try to address some of the impacts of climate change on sea level rise, especially in the Tidewater area.

While the session is only 46 days, it will be extremely busy.  The Governor has an aggressive agenda and there is a lot that can be accomplished. You can follow the action on various bills by visiting the General Assembly website. You will also find the link to watch Session live on that website, as well as daily on Facebook. You can always contact us at during Session by writing us at P.O. Box 406, Richmond, VA 23218, by calling us at 804-698-1057, or by email at deldtoscano@house.virginia.gov.

As always, I want to hear your comments and suggestions on matters before the General Assembly, and encourage you to contact me with your opinion.  It is an honor serving you in the General Assembly.

Filed Under: General Assembly 2015

Statement of the House Democratic Caucus on the Conviction of Delegate Joe Morrissey

December 13, 2014 by David Toscano

FOR IMMEDIATE RELEASE
December 13, 2014

CONTACT:
Trent Armitage
(860) 416-3480
trent@vademocrats.org

Richmond, VA – In light of his conviction for Contributing to the Delinquency of a Minor, the House Democratic Caucus calls for the immediate resignation of Delegate Joe Morrissey.  The House of Delegates is the oldest legislative body in the United States of America and should hold its members to the highest standards of ethical conduct.  A conviction arising out of sexual misconduct involving a minor, accompanied by significant active jail time, and legislative service while serving in a jail work release program is not consistent with those standards.

“This is a very troubling case,” said Minority Leader David Toscano, “and disqualifies him from serving in the House.  Our citizens are looking very closely at their legislators and the integrity of the body and his trust with his constituents and his colleagues has been broken.  For the good of the General Assembly and the Commonwealth, he should immediately resign, and we are actively exploring all available options, including removal, if he does not.”

“The House Democratic Caucus believes that Delegate Morrissey should resign immediately so that that the People of the 74thDistrict can be served by a member who can focus on their needs without significant personal distractions,” said Caucus Chairman Scott Surovell.

 

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Paid for and Authorized by the House Democratic Caucus

Virginia House Democrats
1710 East Franklin St
Richmond VA 23223 United States

Filed Under: News

Toscano issues call for legislative hearing on campus sexual violence

November 24, 2014 by David Toscano

CHARLOTTESVILLE – Delegate David J. Toscano (D-57th District) today issued a call for a legislative hearing to examine the reporting practices of sexual assault at Virginia universities and colleges in the aftermath of the recent gang rape allegations at University of Virginia in the RollingStone article of November 19, 2014. The call came in a letter addressed to the Chairs of the House and Senate Courts of Justice Committees, Delegate Dave Albo, Senator Tommy Norment, and Senator Mark Obenshain, respectively.

“This is a serious problem at UVA, but it is larger than just one institution,” said Toscano. “We have a special role as legislators to do what we can to attack this problem. We fund public and private institutions of higher education in Virginia, both directly and indirectly through TAG grants. More importantly, it is our children and grandchildren who attend these institutions and who deserve our protection.”

Toscano suggested that the legislative panel hear first from the Governor’s Task Force on Combating Campus Sexual Violence chaired by the Attorney General, and receive information on protocols that colleges and universities have in place to encourage reporting these crimes to law enforcement. Toscano requested the hearings take place during the first week of the 2015 General Assembly, scheduled to convene on January 14, 2015.

A copy of Delegate Toscano’s letter to the chairs is available here.

A copy of Delegate Toscano’s statement of November 21 is available here.

David ToscanoDelegate David J. Toscano represents the 57th District in Virginia’s House of Delegates, which consists of the City of Charlottesville and parts of Albemarle County.  Since 2012, Delegate Toscano has also served as House Democratic Leader, elected by his fellow Democratic delegate peers.

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Contact:  Carmen Bingham, (434) 220-1660, carmen@davidtoscano.com
Office of Delegate David Toscano, 57th District
House Democratic Leader
211 East High Street
Charlottesville, VA 22902

Filed Under: Archive: Press Releases, News Tagged With: Education, Sexual Assault Policy, University of Virginia

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