David J. Toscano

Attorney at Law

Archive: News

Toscano Statement on ABC Arrest on the UVa Corner

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[su_box title=”FOR IMMEDIATE RELEASE” box_color=”#336699″]Contact: Carmen Bingham
(434) 220-1660
carmen@davidtoscano.com[/su_box]

“I am very concerned about the events that occurred at the UVa Corner in the early morning hours of March 17, 2015. The photos are very disturbing, as are the videos that I have viewed. At this point, it is unclear why the ABC agents took this action against this young man. I fully support the independent investigation that has been initiated by the Governor and the Secretary of Public Safety. The Governor’s office has assured me that this will be conducted and concluded expeditiously.

“All of the information I have to date suggests that these were actions taken by ABC agents and not by the Charlottesville Police Department or UVa Police Department. So far as I know, Charlottesville and Albemarle officers arrived at the scene after the ABC agents made the arrest and were engaged in helping calm the crowd. I know how much attention the leadership of our Charlottesville, Albemarle, and UVa police departments pay to the civil rights of our citizens. The continued overreaction by ABC law enforcement personnel in these cases is key question that requires an answer.

“It is clear, based on the 2013 incident involving ABC actions against a student at the local Harris Teeter as well as from the recent events, that ABC policies, protocols, and training are inappropriate for dealing with these kinds of cases, and state and local leaders must take all efforts to enact reforms to protect the civil rights of our citizens as they enforce the laws of the Commonwealth.

“The young man himself has called for civility and calm, and I agree. But we must remain vigilant in gathering the facts and readdressing the legitimate concerns raised by this incident.”

Delegate 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.

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.

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.

Another Day, Another Common-Sense Gun Safety Bill Killed in the House

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[su_row class=””][su_column size=”1/2″]FOR IMMEDIATE RELEASE
Contact: Carmen M. Bingham
carmen@davidtoscano.com
Feb. 4, 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, VA – Today, House Republican members of Subcommittee #1 of the House Committee for Militia, Police, and Public Safety voted to kill legislation carried by Democratic Leader David Toscano (D-57) to provide resources for voluntary background checks to be conducted for sales between individuals at gun shows.

House Bill 2370, which was supported by Governor Terry McAuliffe and Secretary Brian J. Moran, would have state police officers be available to conduct such voluntary background checks, solely at the request of the individual seller — which would help move the Commonwealth towards better public safety through common-sense gun safety reform.

“The Governor and I appreciate Delegate Toscano’s leadership in carrying the voluntary background check bill, and share his disappointment that this common-sense measure failed,” said Secretary of Public Safety and Homeland Security Moran. “It would have provided an avenue for private sellers to conduct a background check prior to selling or transferring a firearm at gun shows. The results from today’s subcommittee meeting will not deter us from continuing to pursue common-sense legislation that enhances public safety throughout the Commonwealth.”

“I am disappointed,” said Democratic Leader Toscano. “This common-sense legislation would have given sellers the right and choice to obtain a background check, ensuring they were not selling their guns to a dangerous individual. Keeping our streets safe is important to building our new Virginia economy. Safe schools, safe streets and safe communities only help to attract businesses to Virginia — making this issue one that should be a top priority for every member of the General Assembly.”

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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