FOR IMMEDIATE RELEASE DATE: 18 January 2008

Weekly Capitol Report Column by R. Lee Ware
Contact: David A. Bovenizer
Member, Virginia House of Delegates Tel.: 804 698-1065 (Capitol)
65th District (Powhatan and western Chesterfield)

A Bill of Importance for Powhatan

As the second full week of Session comes to its close, the House of Delegates is reviewing some 1,400 bills that must be decided by "Crossover Day" early in the second week of February. My highest legislative priority is advancing House Bill 113, my bill to stiffen penalties for motorists who, in eluding a law-enforcement officer, cause, whether directly or indirectly, injury or, worse, death to the pursuing officer.

The bill is of course in response to the tragic death last year of Powhatan County Deputy Robbie Green, who died of injuries sustained in an accident that occurred while he was in pursuit of a fleeing motorist. Deputy Green's father, Charlie Green, who is a newly elected member of the Board of Supervisors, joined me on Wednesday of last week in testifying to the bill's merits before a subcommittee of the House committee on Courts of Justice.

To stiffen the penalty, Commonwealth's Attorney Bob Beasley, who prosecuted the motorist that Deputy Green was pursuing, has carefully crafted the crucial language of my bill. If passed, HB 116 would designate fleeing a law-enforcement officer as "a separate and distinct offense" from the current law against "disregarding signal by a law-enforcement officer to stop" and also the charge of "eluding police."

My bill further provides that, "If the acts or activities violating" current law " also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such provision or the imposition of any penalties provided for thereby." The effect of this legal-language addition to the Code of Virginia would allow prosecutors to charge motorists whose flight results in injury or death to a law-enforcement officer with a separate Class 4 felony.

Charlie Green's appearance before the subcommittee provided a poignant dimension to deliberations that are often dry and difficult. I am deeply grateful to Charlie and his family and also to the Harrison family of his widowed daughter-in-law for their constructive and dignified response to Robbie Green's death in the line of duty. Bob Beasley's counsel and assistance have been indispensable, and he hopes to be able himself to testify on behalf of the bill as it advances-as we all hope-through the legislative process.

Numerous constituents have been in touch, and several have been able to visit, in behalf of scores of the bills already receiving consideration in one or other of the House's many subcommittees or committees. It was especially enjoyable to be able to host a young constituent, Christina Bustos, for the ceremonial opening of this year's Session when Governor Tim Kaine addressed both the House and Senate. A student in Powhatan High School, and daughter of Marsell and Tina Bustos, Miss Bustos was able to meet the governor and several leading members of the legislature.

Other good news this past week is that Powhatan's three new supervisors are on board in support of the state park proposed for Powhatan. I welcome their addition to a cause that has engaged many of us for several years. As previously reported, the governor in his 2008-2010 budget has included $3 million for first-phase developments of the park. Given that state revenues are running at a $641 million-plus shortfall at present, preserving this element of the budget is the great challenge facing supporters as the inevitable "budget battle" with which Session will conclude approaches. For now, it is possible for me to report only that the necessary discussions with key leaders have been held-and further discussions will no doubt occur regularly through coming weeks. Session is scheduled to conclude on March 8, so probably not 'til the last hour will we know of a certainty if the funds will be available.

Lee Ware represents the 65th District consisting of all of Powhatan County and thirteen precincts in western Chesterfield. During Session his office number is (804) 698-1065. Email address is dellware@house.state.va.us

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