Shenandoah: Del. Todd Gilbert's bill becomes law July 1st

Tough new criminal justice laws sponsored by Delegate C. Todd Gilbert (R-Woodstock) which passed the 2008 session of the Virginia General Assembly and were signed into law by Governor Timothy M. Kaine will take effect on Tuesday, July 1st. The laws include the following measures:

* No bail for illegal alien criminals: Persons illegally present in the United States who commit serious crimes in the Commonwealth of Virginia will be presumed to be ineligible for release on bail pending their trials. No longer will such criminals be routinely put back into the community to pose a further threat to public safety and to be at risk to flee from prosecution. This measure, first conceived and offered by Delegate Gilbert in the 2007 session of the General Assembly, was adopted by House and Senate leaders as part of the 2008 Republican legislative package on illegal immigration.

* Mandatory minimum sentences for methamphetamine dealers: Higher level dealers of the dangerous and highly addictive drug methamphetamine will face mandatory, minimum prison sentences, even for first-time offenders (at least three years for selling one ounce and at least five years for half a pound or more). This bill co-sponsored by Senator Mark Obenshain was the only new criminal law funded in the cash-strapped 2008-09 budget in order to provide for the fiscal impact of the potential increase in prison populations.

* Elimination of parole loophole: Misdemeanor offenders sentenced to more than twelve months in jail for multiple misdemeanors will no longer be eligible for early release. Delegate Gilbert’s bill closed this loophole which eliminates the last vestiges of Virginia ’s once liberal parole calculations which ensured that prisoners served only a fraction of their sentences before parole was abolished for felonies in 1995. Under the now closed loophole, many prisoners sentenced to serve more than twelve months in jail on multiple misdemeanors were actually serving less time than prisoners sentenced to less than twelve months.

Delegate Gilbert stated the following:

“Many members of the General Assembly quickly find those areas in the legislative arena where they can best contribute. As a career Virginia prosecutor, I found that being the ‘tough on crime’ delegate is a perfect role. I am pleased to sponsor strict measures aimed at those who break the law. I am also proud to stand in the gap against my colleagues who would routinely weaken our criminal laws and vote to shorten prison sentences. I hope these new laws will go a long way toward making not only my constituents safer, but the people of Virginia as well.”

House Speaker William J. Howell (R-Stafford) added, "Todd Gilbert is a hard-working, no-nonsense and highly effective delegate. On many important issues, Todd is out front making necessary improvements -- nowhere more so than criminal justice and public safety. Because of his active leadership for law-abiding citizens and against criminals, Virginia will be a safer place to live, work and raise a family."

-- Press release from Del. Todd Gilbert's office

Sen. Obenshain's bill cracks down on those who employ illegals

Working with the group Virginia Employers for Sensible Immigration Policy, Senator Mark Obenshain (R-Harrisonburg) sponsored legislation that would "crack down on employers who have been convicted of hiring illegal immigrants," according to the Harrisonburg Daily News Record.

The bill applies to employers who have been convicted in federal court of a pattern of practice of willfully and deliberately employing illegal immigrants, Obenshain has said.

According to the proposed legislation, the state could revoke the employer’s business license for at least a year.

Obenshain developed the legislation in cooperation with Virginia Employers for Sensible Immigration Policy.

Supporters say the proposed legislation would help build a labor force of legal immigrants, something that leaders in the state’s agricultural industry say is needed.

Hobey Bauhan, president of the Virginia Poultry Federation, has said the coalition wants to promote a climate in Virginia that leads to a ready pool of legal immigrant workers. The federation is a member of the coalition.

The bill goes to the governor's desk to be signed but remarks he made earlier this year indicated he was in favor of the bill and would sign it.

Read the entire story here.

Sen. Hanger -- raising taxes on citizens to pay for illegals

I have one question for Senator Hanger--just who are you representing? Obviously not the voters in the 24th.

Here's a prime example: SB 1204. On the surface it looks innocuous enough, saying that in-state tuition is prohibited for illegal immigrants. But when reading further you notice these caveats:

"any person shall be eligible for in-state tuition who: (i) has resided in Virginia while attending high school; (ii) has graduated from a public or private high school in Virginia or has received a General Education Development (GED) certificate in Virginia; (iii) has resided in the Commonwealth for at least three years on the date of high school graduation; (iv) has registered in an institution of higher education; (v) has provided an affidavit stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he is eligible; and (vi) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment."

I notice that he puts in the bit about requiring them to pay state taxes for three years. But that won't even come close to covering the costs of a four year education. Illegal immigrants should not be rewarded financially for their illegal status. Illegal immigrants are openly breaking the law. They have no regard for the rules that govern our country. So why does Hanger want to reward them?

Thankfully, the House had enough sense to delete most of this nonsense. The bill as it stands now reads:

"An alien who is unlawfully present in the United States, and therefore ineligible to establish domicile pursuant to § 23-7.4, shall not be eligible on the basis of residency within Virginia for any post-secondary educational benefit, including in-state tuition, unless citizensor nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents."

Hey Senator, I thought we had a transportation crisis--isn't that why you consistently vote to raise our taxes? Tell you what--let's save some money by NOT rewarding illegal behavior and put it towards this so-called crisis.

[Reprinted from In-Politically Correct, February 16, 2007]