THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, January 22, 1997 TAG: 9701220432
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: Staff writers Jane Evans, Warren Fiske, Laura LaFay and
Elizabeth Simpson, and The Associated Press contributed to this
report.
LENGTH: 144 lines
Bill focusing on fetus deaths goes back for more work
RICHMOND - A Chesapeake senator's bill to make killing a fetus by means other than a legal abortion the equivalent to murder came one step away from passing Tuesday before being sent back for further study.
Democrats prevailed in a 53-46 party-line vote that sent Republican Sen. Mark L. Earley's bill back to the House Courts of Justice Committee, which had amended the measure to change its focus from the fetus to the pregnant woman.
But House Majority Leader C. Richard Cranwell of Roanoke County said he still hopes a compromise can be reached.
In its original form, the bill would allow a murder charge when an assault on a pregnant woman results in the death of a ``viable'' fetus. The Senate passed the bill last year, but the House carried it over to this session.
The courts committee amended the bill to remove the murder provision and simply allow tougher punishment of anyone convicted of attacking a pregnant woman.
Chesapeake Del. Randy Forbes, a Republican, tried Tuesday to restore the bill's original intent. He said prosecutors have been frustrated by their inability to pursue murder charges when a man beats a woman with the clear intent of killing her unborn child.
ALSO TUESDAY
Committee backs tougher campaign-advertising bill
A Richmond senator's attempt to make a crime out of doctoring campaign photographs is such a good idea that the Senate should go even further and make it apply to all campaign materials, a legislative committee decided Tuesday.
But not this year. Later. After senators have had a while to think it over.
Sen. Henry Marsh wanted to make it a felony to knowingly alter a photograph to misrepresent a candidate for political office.
The bill was a less-than-subtle jab at U.S. Sen. John Warner, whose campaign faked a photograph last year of opponent Mark Warner shaking Bill Clinton's hand.
Members of the Senate Privileges and Elections Committee mostly agreed Tuesday that there is room in the law to tighten control of campaign advertisements. But Marsh's bill seemed a bit too vague.
``Would this apply to me when I take some of the lines out of my face? Or make a nice smile? Put my tooth back in?'' asked Shawsville Sen. Madison Marye.
The committee voted to name a special subcommittee to study the bill.
Open judicial review bill passes Senate committee
Efforts to make investigations of complaints about judges more open to the public advanced Tuesday, passing the Senate Privileges and Elections Committee 11-4.
The bill, sponsored by Virginia Beach Sen. Kenneth W. Stolle, would amend the state Constitution so it no longer requires all Judicial Inquiry and Review Commission proceedings to be private.
Despite the bill's relatively easy passage, several supporters said they think the idea needs further study. All constitutional amendments must pass the General Assembly twice and be approved by a statewide referendum.
A bill that would end the personal property tax localities charge on cars and boats appears headed for defeat in the state Senate.
Sen. Charles J. Colgan, D-Prince William, has proposed that revenues from the levy be replaced by increasing the state sales tax from 4.5 to 6 percent.
At a public hearing Wednesday morning, Colgan and several supporters argued that abolition of the tax would spur the economy by encouraging people to purchase cars, boats and other machinery subject to the levy. With sticker prices rising, several people complained that their annual taxes on new upscale cars were approaching $1,000.
The personal property tax pumps $1.1 billion annually into local coffers - about 14 percent of all revenues to counties and cities. Each local government sets its own rate.
Municipal officials from across the state urged defeat of the bill. They said the legislation would hamper the flexibility of localities to raise or lower taxes according to their needs. They argued that people who pay the most in personal property tax - and are apt to benefit the most from the bill - are wealthy. Conversely, they said an increase in the sales tax will disproportionately hurt low-income people. Even Colgan acknowledged his bill has little chance this year. ``But it's not going away,'' he added. ``It will be an issue in the elections (this fall). People don't like the personal property tax.''
Judges will be legally expected to consider joint custody if a bill that passed the House (93-3) Tuesday becomes law.
The bill differed dramatically from the original bill that was sponsored last year by Chesapeake Sen. Mark Earley. The early version would have required judges to presume that joint legal and physical custody is the best option in custody cases, and was supported by fathers' rights groups.
But opponents of making joint custody a presumption argued that judges should first consider what is in the best interests of the child, rather than presuming joint custody is the best option.
The bill requires judges to consider joint custody when deciding what is in the child's best interest, rather than presuming that joint custody is the best arrangement.
Fathers'-rights activists, who felt the amended version did nothing to change judges' treatment of custody cases, opposed the bill.
The House of Delegates voted (70-30) to pass a bill requiring motorists to turn on their headlights when driving in the rain. The bill now goes to the Senate, which has killed similar measures in the past.
The House passed (89-9) a bill requiring lottery tickets to list the phone number of an organization that counsels gambling addicts.
QUOTE OF THE DAY
``This is too big a rat for the snake to swallow.''
Political observer Larry Sabato, of the future of House Majority Leader C. Richard Cranwell's proposal to publicly finance campaigns - a complex measure that even Cranwell admits will be difficult to pass this year.
WHAT'S NEXT
Speaker of the House Tom Moss warned members they'll be working through the weekend. Committee work Saturday morning and Sunday afternoon is ``the only way we can possibly give the bills fair attention.''
``We are the masters of our own fate,'' Moss observed dryly, noting that some lawmakers submitted up to 35 bills to meet this week's deadline.
GETTING INVOLVED
A one-hour hearing, 7:30 to 8:30 p.m. today, Senate Room A, General Assembly Building. is scheduled for the proposed ``parents rights amendment.''
Registration for speakers: 7 to 7:15 p.m.; 30 minutes will be allocated for testimony on each side.
The proposal would amend the state constitution to read ``The right of parents to direct the upbringing and education of their children is a fundamental right.''
Today, artists, performers, museum and arts professionals observe Arts Advocacy Day . . . Also, both presumptive candidates for governor (Donald S. Beyer Jr. and James S. Gilmore III) will speak to The Fraternal Order of Police, in town for their annual General Assembly Rally Day. . . . And Planned Parenthood supporters will rally on the Capitol Grounds at 11:30 a.m. to observe the 24th anniversary of the Roe v. Wade Supreme Court decision.
Home-schooled students from the Suffolk area will be visiting Delegate Robert Nelms today. The Portsmouth Medical Auxiliary will visit his office Thursday. ILLUSTRATION: Photos
Chesapeake Democrat Mark Earley submitted a bill to protect pregnant
women and fetuses.
Virginia Beach Sen. Ken Stolle sponsored a bill to open judicial
inquiries to the public.
KEYWORDS: GENERAL ASSEMBLY PROCEEDINGS