ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Thursday, January 9, 1997 TAG: 9701100053
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
COLUMN: General Assembly Notebook
DATELINE: RICHMOND
Nine months after invoking legislative immunity in an effort to beat an indecent exposure charge, Del. Robert Nelms wants to eliminate the special privilege for lawmakers.
The Suffolk Republican said Wednesday that he has drafted legislation repealing a century-old constitutional prohibition on the arrest of state lawmakers during the General Assembly.
"I think we should repeal it," Nelms told reporters.
Asked why he would end a privilege he had once invoked, Nelms said, "Constitutional rights should apply to all people and all people equally."
By sponsoring his own bill, Nelms would pre-empt the discussion of his arrest last February in a Richmond park known for public homosexual encounters.
Initially, Nelms argued in court that his arrest was invalid because he was covered by legislative immunity. He later pleaded guilty to indecent exposure, though he said he did nothing more than urinate in the woods. At the hearing, the undercover vice officer who arrested Nelms was not called to testify.
Nelms, 36, sidestepped questions Wednesday when asked if he would seek re-election in November.
His current argument against immunity is a twist on his explanation in April for invoking the privilege.
Then, Nelms said he should have the same rights as anyone else covered by the law. Now, Nelms says the law should be discarded because it does not cover every citizen.
"As a Virginia citizen, I think all Virginia voters are entitled to the same rights under the constitution," he said.
Reynolds sworn in
Most of the seats in the state Senate were full an hour before it convened Wednesday - not with senators, but with friends and relatives of new Sen. Roscoe Reynolds.
The Henry County Democrat took the oath of office shortly before the full Assembly began its session, filling the slot vacated by new Congressman Virgil Goode.
After being sworn in by the Senate clerk, Reynolds erased any question of whether he was happy to be there.
"The American dream is still alive and well, and my presence here makes that very clear," Reynolds said.
Also Wednesday:
When U.S. Sen. John Warner won re-election last fall by a scant 4 percentage points, critics figured he had paid the price for mischaracterizing his opponent with a faked photograph.
But now a state senator from Richmond has another price in mind: One to 10 years in the state penitentiary.
Democratic Sen. Henry Marsh is seeking a new law making it a felony to alter photographs - or to authorize their alteration - in order to create deceptive campaign advertisements.
The bill, Marsh said, is not targeted specifically at Warner - who denied any knowledge when his campaign used a digitally altered photograph of his opponent, Mark Warner, in a television commercial last fall. But the incident provided his inspiration, Marsh said.
Various laws protect people from false information spread with words, so Marsh wanted to make sure deceptive pictures are covered. The new law would be a Class 5 felony, punishable by one to 10 years in prison or up to a year in jail.
"I just want to prevent this type of incident from happening again," Marsh said. "I can't imagine anyone having an objection. This kind of thing just should not be done."
General Assembly officials had not printed copies of the bill Wednesday, so most members were not familiar with its specifics. But some questioned whether the change is a practical or political one.
"People forget that the electorate is very intelligent when it comes to things like that," said Fincastle Sen. Malfourd "Bo" Trumbo, a Republican.
"I'm not sure we need a bill like that - the voters take care of that."
What's next
Wednesday was the start of the 46-day legislative session. Today the work really begins. Members of the House Appropriations committee are briefed on the budget. House Democrats and House Republicans meet separately in closed-door, partisan meetings.
Key dates
Jan. 8: First day of session.
Jan. 20: Deadline for filing legislation.
Feb. 2: Midnight deadline for Senate and House money committees to finish work on budget bill.
Feb. 4: Deadline for each house to act on its own bills except budget.
Feb. 6: Each chamber approves its version of the budget.
Feb. 11: Last day for each house to act on the other chamber's budget bill and appoint members of the budget conference committee.
Feb. 17: Deadline for committee action on legislation.
Feb. 18: Midnight deadline for conference committee to reach compromise on budget.
Feb. 20: Vote on budget.
Feb. 22: Adjournment.
March 24: Last day for governor to sign, veto or amend legislation.
April 2: One-day reconvened session to act on governor's amendments and vetoes.
To get in touch
Constituent viewpoints - A toll-free hot line to provide Virginians the opportunity to express their views on issues before the General Assembly: (800)889-0229
For more information:
The Clerk's Office
House of Delegates
P.O. Box 406
Richmond 23218
(804)786-6530
The Clerk's Office
Senate of Virginia
P.O. Box 396
Richmond 23218
(804)786-3838
Robert Little, Laura LaFay and David M. Poole contributed to this report.
LENGTH: Long : 124 lines KEYWORDS: GENERAL ASSEMBLY 1997by CNB