Surovell: Will introduce bills on predatory lending, gun violence, sentencing reform
This column was submitted by State Sen. Scott Surovell (D-36), and does not necessarily represent the views of Covering The Corridor.
The 2020 Virginia General Assembly will convene in about a month and legislators are now preparing bills to propose. Many constituents and advocacy groups are proposing legislation.
Two weeks ago, I reported on some of the bigger issues we are likely to tackle. In this column, I am covering a few of the bills that I will introduce. I will discuss more in future columns.
In the 2018 and 2019 sessions, we came very close to passing legislation prohibiting drivers from having a phone in their hand in a moving vehicle. In the last session, we approved legislation to prohibit this in construction zones, but the Speaker killed it by ruling Gov. Ralph Northam’s attempt to widen it to all highways not germane. It will pass this session.
I will propose several predatory lending reforms. Using Native American tribes as fronts, online lenders continue to make loans over the internet in Virginia at over 400 percent interest rates and requiring far off tribal arbitration for disputes. Other states have enacted consumer protections, including steps to rein in interest rates, fees, collection practices and repeat loans.
I will introduce bills to curb firearm violence. The Unite the Right March in Charlottesville coupled with the four armed men who appeared at the Alexandria Farmer’s Market in September underscore the need for local governments to have the ability to prohibit firearms at permitted public events.
Second, suicide is the leading cause of firearm death in Virginia. One of my bills will allow people to place themselves on a “do-not-sell” list for firearms so they cannot be sold a gun if they have a moment of weakness. Third, Virginia’s Department of Game and Inland Fisheries is still allowing permittees to license duck blinds in counties and areas where duck hunting is illegal under local ordinances. I will introduce legislation to fix this along with Del. Paul Krizek.
I will introduce a bill to create a new Public Defender’s Office for Prince William County and the cities of Manassas and Manassas Park. Virginia currently has 25 public defender offices, but Virginia’s second-largest jurisdiction does not. A public defender’s office will professionalize defense representation, improve justice outcomes and cost taxpayers little more than funding private court-appointed counsel.
In the late 1990s, Virginia required the use of alternative sentencing analyses to inform judges when convicted defendants should be considered for non-prison sentences. Over time, judges have ignored these recommendations more than followed them. I will carry legislation requiring the state to assemble data on judicial use of this data and require probation officers to provide findings about the costs of various sentencing alternatives to the courts before a judge renders a final sentence in a case. This would hopefully encourage more informed decision-making and better outcomes.
Virginia’s civil justice system should also be modernized. Virginia and Mississippi are the only states in America that do not allow class action lawsuits. Virginia also still adheres to ancient doctrines that punish largely innocent collision victims, and we have not adjusted Virginia’s auto insurance minimum policy limits since the 1970s when medical care cost a fraction of today’s cost and the average car cost 25 percent of today’s vehicles. This allows wrongdoers to escape responsibility and leaves innocent collision victims holding the bag for their own injuries.
Virginia’s three boards governing mental health professionals issued regulations prohibiting therapies that attempt to change one’s sexual orientation, known as “conversion therapy.” We need to put that prohibition into law to ensure that it will not be reversed. I will introduce that bill.
For the last four sessions, I have introduced legislation to address the lack of available driving permits for many of my immigrant constituents. Since 2014, Maryland and the District of Columbia have allowed driving permits to anyone who can show that they pay taxes, pass a driving test and pay fees. My bill has died in committee by one vote each year. I am hopeful the new majority will mean a better outcome.
It is an honor to serve as your state senator. Please email me at [email protected] you have any questions or feedback.
Overall, this constituent is very happy to know these pieces of legislation will be put forth next year, especially any commonsense gun safety legislation that will make our communities and families safer.
Regarding “alternative sentencing analyses,” in its latest iteration, this takes the form of risk assessment tools, which VA adopted statewide in 2002. But recent studies of VA judges’ practices after implementation are concerning and warrant rethinking the risk assessment tool being used, training provided to judges, etc., as this tool may well be increasing discrimination and unfair sentencing disparities. A recent study of the COMPAS tool found that “In the case of both race and age…if judges had fully complied with the algorithm’s recommendations, the disparities would have been even greater.” (See: https://www.washingtonpost.com/business/2019/11/19/algorithms-were-supposed-make-virginia-judges-more-fair-what-actually-happened-was-far-more-complicated/)
Thank you for your initiative on these issues.
Could you also please consider legislation authorizing school bus cameras to record vehicles passing school buses stopped with their flashing red lights and initiate a discussion to authorize sped cameras in school zones.
Thank you