THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Thursday, January 9, 1997 TAG: 9701090376
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: Robert Little, Laura LaFay and David M. Poole, Staff writers,
contributed to this report.
DATELINE: RICHMOND LENGTH: 141 lines
Nine months after invoking legislative immunity in an effort to beat an indecent exposure charge, Suffolk Del. Robert E. Nelms wants to eliminate the special privilege for lawmakers.
Nelms said Wednesday 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.
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 last April for evoking 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.
ALSO THURSDAY Faked photographs merit prison time, Marsh says
When U.S. Sen. John Warner won re-election last fall by a scant 4 percentage points, critics figured he'd 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 L. Marsh III is seeking a new law making it a felony to alter photographs - or 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,'' said Marsh. ``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 Botetourt Sen. Malfourd ``Bo'' Trumbo, a Republican.
``I'm not sure we need a bill like that - the voters take care of that.'' Friends and family come to Reynolds' swearing-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 Martinsville 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.
NOTICED & NOTED
When it comes to Virginia's youth, some members of the House of Delegates have some tough-love ideas.
Legislation proposed so far would make it a misdemeanor for a minor to possess ``any paint implement including, but not limited, to markers or aerosol cans'' without adult supervision, and prohibit minors from getting tattoos without parental permission.
``As a parent and as a legislator, I think that something as irreversible or as hard to reverse as a tattoo should have some type of minimal age requirement,'' said the bill's sponsor, Del. David G. Brickley (D-Woodbridge).
Another bill, submitted by Del. Frank W. Wagner, R-Virginia Beach, would require public school students ``found not innocent'' of drug charges to submit to ``random, unannounced drug and alcohol testing'' in school.
A fourth bill, as yet not submitted, would make it a misdemeanor for minors to possess cigarette-rolling papers. Del. Lionel Spruill (D-Chesapeake) says he has not yet decided if he will propose it.
``I think this is a disturbing trend,'' said Del. Jerrauld Jones (D-Norfolk), who chaired the legislative Commission on Youth and the Commission on Juvenile Justice.
``We seem to be moving away from what's in the best interest of the child and moving toward a just deserts model,'' said Jones. 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. . . . The day's schedule of events, parties and receptions opens with breakfast with University of Virginia Alumni or one with the Forest Council of Virginia. . . . Some 300 school board members and superintendents from across Virginia will hear Attorney General Jim Gilmore discuss future school construction at a symposium sponsored by Virginians for Improved Education.
KEY DATES
Key dates on the 1997 General Assembly calendar:
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 the 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 hotline to give Virginians the opportunity to express their views on issues before the General Assembly. Call 1-800-889-0229
KEYWORDS: GENERAL ASSEMBLY