Senate Committee Approves SB 26

The Senate Education Committee today unanimously approved Senate Bill 26. The bill will next be heard by the Senate Public Safety Committee on April 18. The Committee made its decision despite testimony from ACLU lobbyist Natasha Minsker, civil rights attorney Nicole Pittman and ACSOL board member Roger Hunnicutt. During their testimony, the individuals expressed significant concern regarding how the bill will harm juveniles as well as registrants who are parents of school children. “The Education Committee today made a grave mistake that will harm children,” stated ACSOL executive director Janice…

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TX: Bill would ban sex offenders from college dorms

Sometimes as a state representative, I come across laws that have outlived their usefulness, and at other times, glaring oversights that should have been addressed years ago. On Wednesday, in the House Committee on Higher Education, where I serve as Vice-Chair, I presented HB 355 which corrects one such glaring oversight, the prevention of registered sex offenders living in on-campus college housing. Full Article

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IL: Lawmakers eliminating time-frame protection for child sex offenders

Those who suffered sexual abuse and assault as children decades ago may soon be able to obtain justice by having their victimizers prosecuted. State Sen. Scott Bennett, D-Champaign, introduced Senate Bill 189 in January, which would eliminate the statute of limitations for all felony child abuse and sexual assault crimes. It already passed the Senate Criminal Law Committee, of which Bennett is a member, with a 10-0 vote March 7 and is now awaiting a full Senate vote, according to Illinois legislative records. Full Article

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Briefing the Supreme Court: Promoting Science or Myth?

The United States Supreme Court is considering Packingham v. North Carolina, a case testing the constitutionality of a ban on the use of social networking sites by registered sex offenders. An issue that has arisen in the case is the state’s justification for the ban. North Carolina and thirteen other states represented in a friend of the court brief make three claims concerning the risk of registered sex offenders: (1) sex offenders have a notoriously high rate of sexual recidivism; (2) sex offenders are typically crossover offenders in having both…

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SCOTUS asks US Solicitor General to weigh in on Ex Post Facto case

News from the U.S. Supreme Court – the court has NOT decided whether it will review Doe v. Snyder, last summer’s ground-breaking decision by the 6th Circuit Court of Appeals The U.S. Supreme Court has been asked to review an important ruling (Doe v. Snyder) which was handed down last summer by a federal appeals court, the U.S. 6th Circuit Court of Appeals. The request was discussed in a private conference last Friday and today we learned the result – the Supreme Court has made NO decision on the request…

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Janice’s Journal: Perhaps It’s a Coincidence, Perhaps It’s Not

Perhaps it’s a coincidence, perhaps it’s not. The hearing dates for several bills, including Senate Bill 26 and Assembly Bill 558, have changed and keep changing. A single change is to be expected. Multiple changes for multiple bills is not. Could it be then that legislators are changing the hearing dates for these bills because it is more difficult to hit a moving target? Maybe, maybe not. In this time of uncertainty, one thing that is certain is that when a hearing date changes, new letters must be sent and…

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Sex offender registration statutes are not faring well when subjected to rational basis scrutiny

A gracious reader directed me to a recent article authored by Dr. Melissa Hamilton in the Boston College Law Review entitled Constitutional Law and the Role of Scientific Evidence: The Transformative Potential of Doe v. Snyder, 8 B.C.L. Rev. E. Supp. 34 (2017). In her article, Dr. Hamilton discusses the United States Court of Appeals for the Sixth Circuit’s August 2016 decision in Does #1-5 v. Snyder, 834 F.3d 696 (6th Cir. 2016) (Justia). That decision is pertinent to military justice practitioners for a couple of reasons. Full Article

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WI: Sex offender board aims ‘never to make a mistake’

The city’s sex offender residency ordinance is 10 years old this spring. Passed in 2007, it forbids convicted sex offenders from moving to within 1,500 feet of any place where children are likely to gather. The restriction essentially closes off most affordable residential areas of the city to convicted sex offenders who didn’t already live there before the ordinance was passed. But Green Bay’s ordinance, unlike most of the other 175 ordinances placing housing restrictions on sex offenders in communities throughout the state, provides one major exception: Any sex offender…

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MI: SCOTUS to consider Snyder v. Doe for review

Today, in a private session, the U.S. Supreme Court will be discussing an important case concerning the sex offense registry. News may come as soon as Monday, March 27th. The State of Michigan has asked the court to review a ground-breaking ruling by a lower federal court, the U.S. Sixth Circuit Court of Appeals. The Supreme Court is set to discuss the request for review today; review is granted in very few cases. If they turn down the request – the 6th Circuit ruling remains intact and directly impacts the…

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Amended Senate Bill 26 to be Heard on March 29 [updated with Education Committee Member List for calling]

Senate Education Committee Contact info below! Like a phoenix rising from the ashes, Senate Bill 26 has been amended and is now scheduled for a March 29 hearing by the Senate Education Committee.  The hearing will begin at 9 a.m. and be held in Room 4203 of the Capitol Building. “Similar to the original version, the amended version of Senate Bill 26 is inconsistent with state law and would banish registrants who are the parents of school children from the grounds of their child’s school when pupils are present,” stated…

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NJ: NJ Supreme Court – Sex Offender Can’t Be Banned From Internet Without Due Process

Does the state of New Jersey have the right to enact a lifetime internet ban for a sex offender without giving them due process? That was the question facing the New Jersey Supreme Court, which reversed an earlier appellate ruling on Tuesday and declared that imposing a lifetime internet ban without due process for “J.I.” – an admitted sex offender sentenced to community supervision for life – would be arbitrary and “unreasonable.” Full Article Opinion

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NY: Sex Offender Uses Social Media, Murphy Calls for Megan’s Law Update

… Senator Murphy said, “____ allegedly targeted his last victim through social media. Megan’s Law must be updated to prohibit the use of social media networks for Level 2 and 3 offenders as long as they are required to register with New York State. As a father of three kids, I will fight everyday to strengthen our laws to make sure we protect children from becoming victims of these reprehensible and disgusting acts.” Full Article

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