Virginians should applaud Ken Cuccinelli's accomplishments in office. This is just the short list of legislative action.
The Attorney General's Legislative Agenda.
Ken, to fulfill his mission as Attorney General, identified a number of legislative initiatives for the 2010 General Assembly session which he believed would advance the rights, health, safety and quality of life of the citizens of Virginia. Specific bills were developed; bill patrons were obtained; and the bills were pushed through the General Assembly. The referenced bills have all been passed by the General Assembly and have been signed by Governor Bob McDonnell.
The result: A successful legislative agenda which improves the public safety and well-being of all Virginians.
Bills which might be of particular interest are highlighted below.
· Mental Health: Ken was considered the expert in the mental health issues in the Virginia State Senate. He worked closely with the patrons of these bills which clarify the involuntary commitment process in Virginia.
o HB729 (Albo)/SB360 (Barker) allows a court to enter an order for mandatory outpatient treatment following involuntary inpatient treatment.
o HB247 (Kilgore) clarifies the appeal process for a civil commitment order.
o HBB311 (Obannon)/SB87 (Howell) clarifies the process through which an inmate in a local correctional facility can be involuntarily admitted for needed treatment in a mental health facility
· Economy: Ken supported efforts in the session which will have a positive impact on the economy of Virginia and the creation of jobs for Virginians.
o HB787 (Villanueva)/SB394 (Wagner) states that it shall be the policy of the Commonwealth to support oil and natural gas exploration, development and production 50 miles or more off Virginia's coast.
o HB624 (Kilgore)/SB472 (Watkins) amends the Major Business Facility Job Tax Credit to stimulate job growth in Virginia. This legislation decreases the number of full-time jobs a business needs to create in order to obtain a tax credit.
· Public Safety: Working with the House and Senate patrons, Ken supported numerous initiatives to improve the safety of Virginians.
o HB934 (Bell)allows the murderer of auxiliary police officers and auxiliary deputy sheriffs to be eligible for the death penalty.
o HB1198 (Iaquinto)clarifies the process for the prosecution, registration and movement control of sex offenders.
o HB931 (Bell)/SB468 (Howell) enables Virginia judicial authorities to consult with their counterparts in adjacent states to ensure protective orders are enforced across state lines.
o HB1121 (Gilbert) /SB486 (Hurt) improves efforts to tackle juvenile gang violence by allowing the Department of Juvenile Justice to share their record and report with law enforcement officers to aid in gang criminal investigation.
· Transparency: Ken supported efforts to provide transparency in government so that Virginia citizens can understand how their tax money is being spent.
o HB655 (Armstrong) clarifies the process for investigations against legislators by House and Senate Ethics Advisory Panels, including completion of its investigations notwithstanding the resignation of the legislator.
· Second Amendment Rights: Ken has been a consistent supporter of Second Amendment Rights for Virginia citizens.
o HB871 (Cline)/SB533 (McDougal) clarifies that anyone who is denied a concealed handgun permit has the right to have an oral hearing to contest the denial.
o HB505 (Gilbert)/SB334 (Hanger) allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club BUT prohibits such person from consuming alcoholic beverages while on the premises.
· Voting Rights: All citizens have the right to vote and Ken has worked to ensure this right.
o HB1235 (Anderson)/SB55 (Martin) establishes that absentee ballots will be available 45 days before all elections to enable all voters sufficient time to vote absentee if they will be unable to vote in person. The bill specifically targets ensuring that the rights of active duty military members to vote will be protected.
· Defining Life: Ken has been a consistent defender of life and he supported legislation which defines the legal position of all persons.
o HB1033 (Byron)/SB602 (Newman) establishes, for the purpose of homicide, the fact that a human infant has an independent and separate existence regardless of whether the umbilical cord has been cut or the placenta remains attached.
· Continuing Special Session Work (Melendez): As a State Senator, Ken recognized that a U.S. Supreme Court ruling (Melendez-Diaz vs. Massachusetts) requiring live expert testimony in court cases would have an impact on effective prosecutions in Virginia where the appearance of the analyst was not required. Ken called for a special session of the General Assembly (which was granted by Governor Kaine, in spite of opposition by Ken's AG opponent) to authorize stop-gap measures to ensure that Virginia law complies with the Melendez-Diaz ruling. During this session, the General Assembly continued the work that Ken began.
o SB386 (Obenshain), HB500 (Gilbert), and SB106 (McDougal) codify the use of a certificate of analysis and reports prepared by lab analysts, etc., to be admissible without the testimony of the person preparing such certificate or report. The defendant must consent to the use of this certificate; otherwise the cost of the lab analyst appearance must be covered by the defendant.
o SB387 (Obenshain)permits, upon consent of an accused, the live testimony of a forensic analyst to be made via video teleconferences. This will be used in drunk driving prosecutions to ensure that expert testimony is presented.
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