State and National Government
Photo: Chris Hurst Facebook
Montgomery County Delegate Chris Hurst was detained — and released — following a traffic stop over the weekend in Montgomery County, one in which police say he blew a breathalyzer reading of .085, which is above the state’s drunk driving limit of .08. Christiansburg Police say the officer released Hurst because of his overall performance during field sobriety tests, because he had a sober companion in the vehicle who could drive and because according to Virginia’s Constitution, legislators in active session can’t be arrested for anything short of treason a felony or breach of the peace.
HURST STATEMENT: “I am very sorry this happened and take full responsibility for exercising such poor judgment. This mistake is not something I take lightly. The work before us in the General Assembly this session is more important than ever before. I look forward to continued efforts to build a better 12th District and Commonwealth of Virginia.”
CHRISTIANSBURG POLICE NEWS RELEASE: On Sunday, Jan. 26, at approximately 2 a.m., an officer with the Christiansburg Police Department initiated a traffic stop on the U.S. 460 Bypass, between the downtown Christiansburg and Peppers Ferry Road exits. The officer pulled over a vehicle, which was traveling west toward Blacksburg, after he observed the vehicle swerve across the right side fog-line several times. The vehicle was also observed to be traveling over the posted speed limit for a brief period of time.
When the officer approached the driver, he noticed that the driver’s eyes were red and he smelled the odor of alcohol coming from within the vehicle. The office obtained the driver’s operator’s license and conducted a routine check of the license status. He then explained his observations to the driver and asked him to follow his pen with his eyes. After noticing a lack of smooth pursuit, he then asked the driver, Chris Hurst, to step out of the vehicle and perform field sobriety tests. The officer administered field sobriety tests and a preliminary field breath test, which is a portable breath test used in the field to assist the officer in determining if a person is impaired. The results of a preliminary breath test conducted in the field are used as an investigative tool, but are not admissible as evidence in court. Hurst complied with the officer’s request and performed all the tests.
Hurst’s preliminary breath test registered a blood alcohol concentration (BAC) of .085. The officer determined that by the time Hurst was brought into the magistrate’s office for a formal breathalyzer test – which is the only admissible test in court – Hurst would be under the legal limit. Because of this, along with Hurst’s overall performance during the field sobriety tests and coupled with the fact that Hurst had a sober companion in the vehicle who could drive him home, the officer released Hurst without charging him. The officer was aware that Hurst is a delegate, but neither the officer nor Hurst mentioned this fact at any time during the encounter.
Additionally, according to Section IV, Article 9 of the Constitution of Virginia, unless they have committed treason, a felony, or a breach of peace, legislators are immune from arrest while the General Assembly is in session. Neither the officer nor Hurst mentioned this law, but the officer was aware of the law’s existence, because it’s taught during the police academy. This provision of the State Constitution makes it highly unlikely that Hurst could have prosecuted in court even if he had been arrested. The officer weighed all of the factors and made a judgement call, as is done each and every time an officer decides whether or not to make an arrest. The officer, Lt. Stephen Swecker, is highly experienced in DUI detection and enforcement. He has been recognized and awarded by Mothers Against Drunk Driving on at least four occasions for his performance in this area.
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RICHMOND, Va. (AP) — The Virginia House has approved legislation to undo Republican-backed restrictions on abortion.
The new Democratic majority voted Tuesday to undo requirements that included a 24-hour waiting period before an abortion, as well a requirement that women seeking an abortion undergo an ultrasound and counseling.
The bill, which is part of Democratic Gov. Ralph Northam’s legislative agenda, would also roll back the requirement that an abortion be provided by a physician, allowing nurse practitioners and physician assistants to perform them.
The House voted after a lengthy debate in which Republicans argued that the bill would hurt women. Supporters of the legislation said current Virginia laws make obtaining an abortion overly burdensome.
The bill now moves to the Senate, which is set to take a final vote on its version of the legislation in the coming days.
A new trade deal with China and another still pending trade deal are being hailed as a win for Virginia. WFIR’s Ian Price has that story:
Ever since Virginia’s speed limit was raised to 70, the state’s reckless driving law has remained unchanged, keeping the threshold at 80. That may change this year, as WFIR’s Evan Jones reports:
State Senator David Suetterlein has introduced bills for five years in a row that would raise the reckless driving to anyone ticketed above 85. He says it’s hard to find anyone who really thinks it should kick in if you’re stopped for doing 81 where the speed limit is 70.
Opponents include Senator David Marsden, who says higher speed limits — and higher reckless driving thresholds — make highways more dangerous:
As it has done in recent years, the Senate approved the bill, which always then died in a House committee. But there is a different makeup now in the General Assembly, and a companion measure is advancing in the House.
RICHMOND, Va. (AP) — Virginia officially became the critical 38th state to ratify the Equal Rights Amendment on Monday, clearing the way for likely court fights over whether the measure can be added to the U.S. Constitution.
State lawmakers made history earlier this month when each chamber of the General Assembly separately approved ratification resolutions. On Monday, the House and Senate took the final procedural step of signing off on each other’s measures.
“We must begin to see a world without discrimination of any kind,” Democratic Sen. Mamie Locke said, speaking in support of the bill. “Equality based on sex is not just good for women, it is good for society.”
Virginia’s ratification opens a new chapter in the nearly century-long push to get the amendment added to the Constitution. Constitutional amendments must be ratified by three-quarters of the states, or 38. But the ERA’s future is uncertain, in part because of a 1982 deadline for ratification that Congress passed decades ago.
Earlier this month, the U.S. Justice Department issued a legal memo concluding that because the deadline has expired, it is too late for states to ratify the ERA. The only option for supporters now is to begin the ratification process all over again in Congress, the department said.
The National Archives, which certifies the ratification of constitutional amendments, said it would abide by that opinion “unless otherwise directed by a final court order.”
ERA supporters argue that because the deadline was included in a preamble of the amendment, it is not legally binding. There’s also a push in Congress to remove the deadline. Legal scholars expect the issue will likely be resolved in the courts. Another issue that may only be settled through lawsuits is a move by five states to rescind their previous ratification of the amendment.
The ERA has been a top priority of Democrats who retook control of the Virginia General Assembly in November’s elections. The state is now expected to submit copies of the resolution to the U.S. archivist and others. Senate Clerk Susan Clarke Schaar said Monday that she could not provide an exact timeline.
Virginia Attorney General Mark Herring has said his office has been preparing for potential challenges to Virginia’s ratification and is ready to go to court if necessary.
“To the naysayers and to the opponents of women’s equality, I say do not underestimate Virginia and do not underestimate this movement,” Herring said at a news conference Monday.
The ERA was initially proposed in Congress in 1923 and passed in 1972. Its first section reads: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
Advocates say the measure would enshrine equality for women in the Constitution, offering stronger protections in sex discrimination cases. They also argue the ERA would give Congress firmer ground to pass anti-discrimination laws.
Opponents warn it would erode commonsense protections for women, such as workplace accommodations during pregnancy. They also worry it could be used by abortion-rights supporters to quash abortion restrictions on the grounds they discriminate against women.
“The vague, poorly written language of the ERA does not allow any distinction to be made between men and women, even when it makes sense to do so based on their biological differences,” said Republican Sen. Amanda Chase.
ERA advocates said Monday that the ERA was closer to ratification than ever and pledged to continue the fight, whether that was in court or in Congress.
“After nearly 100 years of persistent, determined work, the ERA is on fire,” said Carol Jenkins, co-president and CEO of the nationwide ERA Coalition.
RICHMOND, Va. (AP) — Virginia Gov. Ralph Northam says he wants a “strict” new ban on holding cellphones while driving, saying tough new laws are needed to cut down on fatal accidents.
“Anytime people pick these up and it puts them at risk, it puts other people at risk,” Northam said.
The governor also wants to ban any open containers of alcohol in cars and to require all car passengers to wear seat belts. He made the comments Monday while touting a list of transportation-related items he wants state lawmakers to pass this year, including creating a new Virginia Passenger Rail Authority to boost train travel and raising the state gas tax to fix roads.
The proposed cellphone ban is likely to be one of the governor’s most heavily debated transportation-related proposals.
State law already makes it illegal to text or email on a cellphone while driving. Lawmakers almost passed a law banning the use of handheld personal communication devices last year, but the effort fell apart over a disagreement about whether drivers should still be able to use smartphones for actual phone calls while driving.
Northam tried to resurrect the measure at the last minute but was blocked by then-GOP House Speaker Kirk Cox.
With his fellow Democrats now in control of both the House and Senate, Northam is bullish on the ban passing this year along with other safety measures. Northam was joined by the top two Democrats in both chambers Monday to highlight his transportation proposals.
“These are common-sense measures that will save lives and keep our keep our highways safe,” Northam said.
Northam’s legislation also would allow localities to lower speed limits in certain areas to below 25 mph (40 kph) and to allow the use of speed cameras on stretches of highway where there have been a large number of accidents.
The governor is also proposing to increase the state’s gas tax by 4 cents a gallon for the next three years, and then tie future increases to inflation.
Supporters of the idea said state desperately needs the extra revenue from a gas tax to fix some Virginia roads that are crumbling with neglect.
“I mean some of these streets look like something you’d expect to see in Syria,” Senate Majority Leader Dick Saslaw said.
Northam’s proposed transportation overhaul has made rail traffic a priority in a bid to help ease northern Virginia’s notoriously bad traffic. He recently announced a a $3.7 billion effort to boost passenger rail service between the state and Washington, D.C., that includes building a new bridge across the Potomac River.
ALEXANDRIA, Va. (AP) — A former lawyer has been sentenced to more than seven years in prison for embezzling more than $1.6 million from groups including the campaign fund of Virginia Senate Majority Leader Richard Saslaw.David H. Miller, 71, of Fairfax, was sentenced Friday in federal court in Alexandria. A jury convicted Miller on fraud and other counts last year. Prosecutors say he embezzled not just from Saslaw’s campaign but also from a Canadian business and an autism organization.Miller’s wife, Linda Wallis, was Saslaw’s campaign treasurer. She was sentenced to nearly five years in prison after pleading guilty to her role in the embezzlement scheme.The embezzlement from Saslaw’s campaign exceeded $650,000. Saslaw, a Fairfax County Democrat, routinely raises hundreds of thousands of dollars annually, which he uses to help other Democrats.The 88-month sentence that U.S. District Judge T.S. Ellis III imposed on Miller, a former trustee at Northern Virginia Community College, was far less than the 210 months sought by prosecutors.
RICHMOND, Va. (AP) — A General Assembly subcommittee advanced a bill Thursday that would prevent discrimination on the basis of sexual orientation or gender identity in housing, public accommodations, employment and credit applications.
Lawmakers suggested expanding the focus of a bill introduced by Del. Delores McQuinn, D-Richmond, that would update the Virginia Fair Housing act to prevent discrimination on the basis of sexual orientation and gender identity in housing.
McQuinn’s bill was rolled into HB 1663, patroned by Del. Mark Sickles, D-Fairfax. Sickles’ bill, called the “Virginia Values Act,” includes additional protections against discrimination for LGBTQ Virginians in employment, public spaces and credit transactions and also outlines a process for civil action in a discrimination case.
The Virginia Fair Housing Law currently prevents housing discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status and disability. Sickles’ bill would add “pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity” or status as a veteran, to current law.
“As an African American woman, I have personally been subjected to discrimination all my life because of my race and my gender,” McQuinn said in an email interview with Capital News Service. “This will be another step toward dismantling systematic discrimination and creating fairness and equal opportunities for all citizens.”
Equality Virginia, a group that advocates for LGBTQ equality, said the legislation is a step in the right direction and praised the delegates’ work.
“These protections are long overdue and an important step forward for Virginia’s LGBTQ community,” Vee Lamneck, executive director of Equality Virginia, said in a statement.
Similar bills have been introduced by both chambers in previous sessions. Though praised by the ACLU and LGBTQ advocacy groups, such bills passed the Senate with support from some Republican senators, but never could advance out of Republican-led House subcommittees.
Capital News Service reached out to Republicans who voted against previous legislation to gauge their support for the current bill, but none responded.
Earlier this week the Senate passed a bill to allow a person who changed their sex to receive a new birth certificate. Introduced by Sen. Jennifer Boysko, D-Fairfax, SB 657 aims to eliminate problems for the transgender community that occur when their legal identification doesn’t match their transition, such as renting a home or applying for a credit line.
The Transgender Assistance Program of Virginia is a nonprofit that works to end transgender homelessness by providing individuals with resources to find emergency shelter, food and referrals to housing programs. De Sube, chairperson of the organization, said any nondiscrimination bill will help the transgender community.
The resource is needed, Sube said, because many clients are kicked out of their homes after they tell family, loved ones or roommates that they are transgender. Then they run into discrimination while seeking housing.
“Many transgender people apply for housing, apartments, rental homes, etc., and they’re just denied because of their transgender identity,” Sube said.
Sickles said in a statement that discrimination has no place in Virginia.
“All Virginians deserve to be treated with dignity and respect, including LGBTQ people,” Sickles said.
Advocates expect HB 1663 to be heard in committee Tuesday. The companion bill sponsored by Sen. Adam Ebbin, D-Alexandria, is expected to be heard in a Senate committee the following day.
“In Virginia, although a gay couple can get married on Sunday, the sad reality is they can get fired on Monday, evicted on Tuesday morning and denied a hotel room Tuesday night,” Ebbin said in a press release. “This isn’t a theoretical issue, discrimination is happening today.”
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RICHMOND, Va. (AP) — A Democratic-led House committee voted Friday for several pieces of gun legislation that a Republican majority has blocked for years. Those bills include limiting handgun purchases to once a month; universal background checks on gun purchases; allowing localities to ban guns in public buildings, parks and other areas; and a red flag bill that would allow authorities to temporarily take guns away from anyone deemed to be dangerous to themselves or others. “Our action today is for the families who have lost loved ones as a result of gun violence,” House Speaker Eileen Filler-Corn said. Opponents say the measures will restrict 2nd Amendment rights.
The measures will go to the full House for a vote, likely next week, before going to the Senate, which has already passed some gun-control bills of its own.
A proposed bill aims to offer Virginia renters the option of waiving the standard ‘first and last month’s rent’ security deposit. Its sponsor hopes the idea also catches on in other states, as WFIR’s Ian Price reports: