There were a number of legislative issues recently considered in the Commonwealth of Virginia that impact Virginia Criminal Lawyers. Based on the Virginia State Crime Commission’s 2012 Interim Executive Summary of Activities, the focus includes concerns about illegal cigarette trafficking, synthetic marijuana, sex offender registry, crimes against incapacitated people, concealed weapons, and continued oversight of forensic and DNA evidence notification (VA. SCC, 2012).The most recent legislation, published in 2013, addresses SJR 21, 2012, Illegal Cigarette Trafficking; and SJR 348, 2011 Sex Offender Registry Requirements, which was published in 2012, will be reviewed here.
Sex Offender Legislation
Although Virginia’s sex offender legislation is mostly in accordance with federal statutes, a 2010 review discovered that several aspects of Virginia’s laws did not fully meet compliance requirements: Virginia at the time did not require registration for rape committed by juveniles, sodomy by force, or penetration by sexual object. A study was commissioned to determine if adjustment was needed in the breadth of the Virginia sex offender legislation (SD No. 8, 2012).
Illegal Cigarette Trafficking
The primary focus with respect to recent legislation was on illegal cigarette trafficking. Trafficking includes additional factors such as health issues, beneficiary (organized crime), methods used, potential containments in counterfeit cigarettes, tax stamps and tax evasion. Illegal cigarette trafficking is reported to yield profits that even surpass black market value of illicit drugs or illegal guns. Recent studies indicate, “Virginia is currently the largest single source of out-of-state, black market cigarettes in New York City” (SD No 5, 2013). Legislative recommendations were made in December of 2012, suggesting that amendments be made to strengthen Virginia Code § 58.1-1017.1(Possession with intent to distribute tax-paid, contraband cigarettes; penalty) and Code § 18.2-513 (organized crime; RICO statute) to curtail trafficking.
