(The Center Square) – A Courts of Justice criminal subcommittee in the Virginia House of Delegates moved a series of Senate criminal justice bills Friday, advancing measures dealing with cyberstalking, expungement procedures, judicial discretion and access to reproductive health services facilities.
Members voted 7-3 to recommend reporting Senate Bill 137, sponsored by Sen. Stella G. Pekarsky, D-Fairfax, with a substitute.
The proposal would create a Class 1 misdemeanor for anyone who impedes, blocks or delays another person’s entry to or exit from a reproductive health services facility. It also establishes an eight-foot limit on certain approaches within 40 feet of an entrance without consent for the purpose of giving, tendering or displaying materials or engaging in counseling.
Supporters said the measure is aimed at preventing obstruction and harassment outside facilities, including abortion clinics, and emphasized that the substitute language focuses on conduct that interferes with movement rather than speech.
Opponents said current laws already prohibit assault and obstruction and said the bill could affect peaceful protest and sidewalk counseling.
The Senate passed the measure 20-19 earlier this session.
A fiscal impact statement says there is not enough information to estimate the bill’s effect on jail populations or fine revenue. A Class 1 misdemeanor carries a penalty of up to 12 months in jail and a fine of up to $2,500.
The subcommittee advanced SB673 on a 10-0 vote. Supporters said the cyberstalking bill updates Virginia’s stalking statute to better address repeated harassment carried out through electronic communications. Alan Nash, commonwealth’s attorney for Mecklenburg County, described a case involving hundreds of threatening calls but said prosecutors faced limitations when the suspect was located out of state.
Another measure, SB764, passed 10-0 with an amendment. Sen. Bill Stanley, R-Franklin County, said it restores judicial discretion in certain deferred disposition cases that existed before a 2014 Virginia Supreme Court ruling.
Nate Green, commonwealth’s attorney for Williamsburg and James City County, speaking on behalf of the Virginia Association of Commonwealth’s Attorneys, warned the bill would shift authority from lawmakers to judges and remove guardrails previously set by the General Assembly.
Lawmakers also advanced SB230, sponsored by Sen. Scott Surovell, D-Fairfax, on a 9-1 vote with a substitute. Surovell said the bill clarifies when dismissed or amended charges qualify for expungement and requires prosecutors to state objections in writing. He said automation language was removed after state police raised fiscal concerns.
SB714, sponsored by Sen. Creigh Deeds, D-Bath, and SB804 were both advanced unanimously. SB714 updates language related to pretrial services risk assessments, while SB804 clarifies procedures tied to the Judicial Inquiry and Review Commission’s annual reporting.
