I must be the most impatient person in the world! I am anxiously awaiting the signature of Gov. McDonnell on HB2361. I am excited that it has reached it's last hurdle, but I won't be able to rest easy until it jumps over it! In the meantime, I have my paralegal classes to keep me busy and my growing interest in the developments in the Middle East. Currently over 10 countries have ships off Libya's coast and oil and commodity prices are steadily rising. Things aren't looking good.
Anyway, I will keep you posted about the bill. I'm anticipating a signature by the end of the week, but by the look of the list on LIS, Gov. McDonnell has a lot of signing to do!
Wednesday, March 2, 2011
Thursday, February 24, 2011
Our bill has been signed by the Speaker and the President!
Great news! Our bill has been signed by the President and the Speaker... what does this mean? The next step is for our bill to be placed on Governor McDonnell's desk for his signature and then it will be a law! I am so excited about our bill. It was definitely a learning experience and we didn't get exactly what we asked for, but we did get something that's extremely important and that's the forfeiture of all assets of the abductor in international child abduction cases.
Of course the success of this law will depend on interpretation and whether it can be enforced as intended. But below is the journey our bill has taken to get where it is:
01/12/11 House: Prefiled and ordered printed; offered 01/12/11 11102905D
01/12/11 House: Referred to Committee for Courts of Justice
01/21/11 House: Assigned Courts sub: #2 Civil
01/26/11 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
01/31/11 House: Reported from Courts of Justice with substitute (22-Y 0-N)
01/31/11 House: Committee substitute printed 11104760D-H1
02/02/11 House: Read first time
02/03/11 House: Read second time
02/03/11 House: Committee substitute agreed to 11104760D-H1
02/03/11 House: Engrossed by House - committee substitute HB2361H1
02/04/11 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/04/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/07/11 Senate: Constitutional reading dispensed
02/07/11 Senate: Referred to Committee for Courts of Justice
02/09/11 Senate: Reported from Courts of Justice with amendments (14-Y 0-N)
02/11/11 Senate: Constitutional reading dispensed (39-Y 0-N)
02/14/11 Senate: Read third time
02/14/11 Senate: Reading of amendments waived
02/14/11 Senate: Committee amendments agreed to
02/14/11 Senate: Engrossed by Senate as amended
02/14/11 Senate: Passed Senate with amendments (40-Y 0-N)
02/15/11 House: Placed on Calendar
02/16/11 House: Senate amendments agreed to by House (97-Y 0-N)
02/16/11 House: VOTE: ADOPTION (97-Y 0-N)
02/22/11 House: Enrolled
02/22/11 House: Bill text as passed House and Senate (HB2361ER)
02/22/11 House: Signed by Speaker
02/23/11 Senate: Signed by President
Tuesday, February 15, 2011
One more step and we have a law!
Sorry I have been MIA for so long but life went and got busy on me :) Anyway, good news, actually GREAT news! It appears that our bill, HB2361 is reaching the finish line and should be signed by Governor McDonnell hopefully next week. This has definitely been a learning experience and a very interesting journey and I've enjoyed every moment of it.
It was empowering to speak before the house especially for someone like myself who still struggles with self confidence. Being in an abusive relationship can destroy a person and at one point "Brandy Charles" was destroyed... But thank God "Brandy Bond" is back and stronger than ever! Speaking of... My transformation is complete! Last week I received my social security card with the name "Brandy Mariah Bond" printed on it. To some that might sound insignificant, but when your stripped of your identity by an abusive spouse, it feels great to rid yourself of the last name attached to the pain and become who you were before the abusive marriage.
Please keep your eye out for the BIG ANNOUNCEMENT... :)
It was empowering to speak before the house especially for someone like myself who still struggles with self confidence. Being in an abusive relationship can destroy a person and at one point "Brandy Charles" was destroyed... But thank God "Brandy Bond" is back and stronger than ever! Speaking of... My transformation is complete! Last week I received my social security card with the name "Brandy Mariah Bond" printed on it. To some that might sound insignificant, but when your stripped of your identity by an abusive spouse, it feels great to rid yourself of the last name attached to the pain and become who you were before the abusive marriage.
Please keep your eye out for the BIG ANNOUNCEMENT... :)
Friday, February 4, 2011
Our bill is on its way!
It has been a while since I posted, but life became busy all of a sudden with classes starting and my ongoing legal battles. My latest battle is trying to make sure that my rights in the discovery process are not violated. It's situations like these that propose the biggest challenge for a pro se litigate. Despite the law being written "for the people", it can most often only be interpreted by attorneys. Unfortunately, when you don't have money, as I don't, all one can do is cross their fingers and interpret it the best they can. But enough about that. OUR BILL IS ON ITS WAY TO BEING PASSED!
SENATE HISTORY:
01/12/11 Senate: Prefiled and ordered printed; offered 01/12/11 11101219D
01/12/11 Senate: Referred to Committee for Courts of Justice
01/13/11 Senate: Assigned Courts sub: Civil
01/31/11 Senate: Committee substitute printed 11104839D-S1
01/31/11 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/01/11 Senate: Constitutional reading dispensed (40-Y 0-N)
02/02/11 Senate: Read second time
02/02/11 Senate: Reading of substitute waived
02/02/11 Senate: Committee substitute agreed to 11104839D-S1
02/02/11 Senate: Engrossed by Senate - committee substitute SB1141S1
02/03/11 Senate: Read third time and passed Senate (40-Y 0-N)
HOUSE HISTORY:
01/12/11 House: Prefiled and ordered printed; offered 01/12/11 11102905D
01/12/11 House: Referred to Committee for Courts of Justice
01/21/11 House: Assigned Courts sub: #2 Civil
01/26/11 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
01/31/11 House: Reported from Courts of Justice with substitute (22-Y 0-N)
01/31/11 House: Committee substitute printed 11104760D-H1
02/02/11 House: Read first time
02/03/11 House: Read second time
02/03/11 House: Committee substitute agreed to 11104760D-H1
02/03/11 House: Engrossed by House - committee substitute HB2361H1
02/04/11 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/04/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
So as you can see... It's definitely on its way!
Monday, January 24, 2011
Making progress in the General Assembly
Yesterday evening my partner, Karl Hindle and I testified before the Courts of Justice house committee in regards to our proposed bill HB 2361. It was very intimidating at first and the meeting room had a "courtroom feel" to it. Standing at the podium my left leg began to have a nervous quiver like Thumper from the movie Bambi. However I gained my composure and pressed on.
Karl's speech was right on, as usual. I felt that the committee responded well to us and I feel very optimistic about the fate of our bill. I met Delegate McClellan and as I envisioned, she was very pleasant and I admire her for what she does.
This journey has been very empowering for me. In an email this past October my children's father made the smug comment, " You think you can change laws!" Well with the way things are looking, I might be able to do just that!
Karl's speech was right on, as usual. I felt that the committee responded well to us and I feel very optimistic about the fate of our bill. I met Delegate McClellan and as I envisioned, she was very pleasant and I admire her for what she does.
This journey has been very empowering for me. In an email this past October my children's father made the smug comment, " You think you can change laws!" Well with the way things are looking, I might be able to do just that!
Thursday, January 13, 2011
A successful day in court :)
Today a hearing was held to decide who would hold our daughters passports. I requested that the court or a GAL hold the passports but the judge stated that the request was irrelevant since Jasmine and Lily went to India and returned. I expressed my concern further and then decided to throw a "curve ball" requesting that our daughters' father's attorney hold the passports. The judge said that she would grant my request.
I have always been a "black and white" person, all or nothing, but I have come to realize that some is better than nothing. In regard to today's hearing... I didn't get "exactly" what I wanted but I did get what I wanted, for our daughters' passports to be held by someone other than us. I feel that their passports will be safe with our children's father's attorney despite the fact that he represents their father.
All in all today WAS successful. And like so many people, strangers have told me, things will get better! The puzzle pieces are coming together and I love it!
I have always been a "black and white" person, all or nothing, but I have come to realize that some is better than nothing. In regard to today's hearing... I didn't get "exactly" what I wanted but I did get what I wanted, for our daughters' passports to be held by someone other than us. I feel that their passports will be safe with our children's father's attorney despite the fact that he represents their father.
All in all today WAS successful. And like so many people, strangers have told me, things will get better! The puzzle pieces are coming together and I love it!
Monday, January 10, 2011
Our proposed bill...
OUTLINE OF PROPOSED
INTERNATIONAL CHILD ABDUCTION PREVENTION & RECOVERY BILL
The purpose of the proposed legislation is to deter international child abductions (ICA) and to render practical assistance to left-behind parents in the recovery of abducted children.
The proposed bill is a no-cost to taxpayers measure.
This bill will also place the Commonwealth at the forefront of international child abduction protection developments in the United States.
The bill will also contain measures to recognize the plight of children internationally abducted to the Commonwealth of Virginia from abroad.
The bill will also contain criminal penalties for non-compliance as well as provide for better-educated and experienced judges to deal with matters concerning international child issues, by ensuring adherence to existing federal guidelines (the “risk factors”) and by focusing educational efforts on a select pool of judges to deal with these issues.
PROPOSED MEASURES
1. Creation of a Pool of Judges
Currently, all state, circuit and county judges have jurisdiction over international child matters, notably with the use of the primary international treaty, The Hague Convention on the Civil Aspects of International Child Abduction (1980). This has led to inexperienced judges dealing with cases for which they are ill-suited by training, experience and temperament.
Creating a pool of judges who will be automatically assigned to hear international child issues will ensure that current educational resources are focused upon a smaller group of judges who will also be able to gain the appropriate level of experience to handle a frequently complex area of law.
2. Judicial Education
As stated in 1. above, creating a select pool of judges to handle international cases of visitation, custody and abduction will improve judicial outcomes for children and parents, as well as serve to improve the reputation of the Commonwealth as a model for handling such cases.
Educational resources will be more focused and of greater depth and value to those judges assigned or selected to constitute the pool. Particularly, greater awareness will be achieved of the issues and the framework which exists at federal and international level to assist in resolution of international child abduction and retentions, both of children abducted overseas and of children abducted from overseas to the Commonwealth.
3. Mandatory Reporting System
Currently, there is no reporting system or central repository of information on international child abduction at state or federal level. This results in confusion and disagreement on the scale of the problem of international child abduction cases. The US Department of State’s Office of Childrens Issues does not collect or collate statistics which have generic or specific value; many cases fall between the cracks in the current framework as a consequence, indeed many go unreported.
It shall be mandated that international child abductions to and from the Commonwealth be collated by a central repository body.
4. Mandatory Reporting & Law Enforcement
Upon a child not being returned to the jurisdiction, on the following day the left-behind parent shall be allowed to make, and law enforcement compelled to accept, a missing child report.
The missing child report shall be made to State Police.
Upon a child being internationally abducted to the jurisdiction, State Police shall be compelled to accept directly from the overseas left-behind parent a missing child report, or may accept one through foreign law enforcement or other administrative or law enforcement agency.
Reports shall be filed in person, by email, by telephone or by fax or any other communication medium available.
Immediately, State Police shall:
i. Enter the child as a missing child into the federal NCIC;
ii. Notify the National Center for Missing & Exploited Children (NCMEC); and
iii. Notify the State designated repository (see 3. above).
5. Criminal Aspects
Outgoing cases: after a 30-day grace period for the voluntary return of the child, the removal/retention shall be deemed a criminal offense.
Incoming cases: within 30 days of abduction to the Commonwealth of Virginia, the child shall be voluntarily returned. Failure to return shall be a criminal offense. Further removal of the child out of state shall be an additional criminal offense (to tackle state-hopping behavior).
6. Freezing & Liquidating Property & Assets of Abductors and Accomplices
The cost of recovering children is enormous; frequently running to hundreds of thousands of dollars for both resident and alien left-behind parents. The assets of abductors and those who render assistance and succor shall be liable to be immediately frozen upon reporting to State Police. If, after 30 days, the child is not returned, those assets are to be considered forfeit and may be liquidated to provide the left-behind parent with the funds necessary to mount recovery of their child.
INTERNATIONAL CHILD ABDUCTION PREVENTION & RECOVERY BILL
The purpose of the proposed legislation is to deter international child abductions (ICA) and to render practical assistance to left-behind parents in the recovery of abducted children.
The proposed bill is a no-cost to taxpayers measure.
This bill will also place the Commonwealth at the forefront of international child abduction protection developments in the United States.
The bill will also contain measures to recognize the plight of children internationally abducted to the Commonwealth of Virginia from abroad.
The bill will also contain criminal penalties for non-compliance as well as provide for better-educated and experienced judges to deal with matters concerning international child issues, by ensuring adherence to existing federal guidelines (the “risk factors”) and by focusing educational efforts on a select pool of judges to deal with these issues.
PROPOSED MEASURES
1. Creation of a Pool of Judges
Currently, all state, circuit and county judges have jurisdiction over international child matters, notably with the use of the primary international treaty, The Hague Convention on the Civil Aspects of International Child Abduction (1980). This has led to inexperienced judges dealing with cases for which they are ill-suited by training, experience and temperament.
Creating a pool of judges who will be automatically assigned to hear international child issues will ensure that current educational resources are focused upon a smaller group of judges who will also be able to gain the appropriate level of experience to handle a frequently complex area of law.
2. Judicial Education
As stated in 1. above, creating a select pool of judges to handle international cases of visitation, custody and abduction will improve judicial outcomes for children and parents, as well as serve to improve the reputation of the Commonwealth as a model for handling such cases.
Educational resources will be more focused and of greater depth and value to those judges assigned or selected to constitute the pool. Particularly, greater awareness will be achieved of the issues and the framework which exists at federal and international level to assist in resolution of international child abduction and retentions, both of children abducted overseas and of children abducted from overseas to the Commonwealth.
3. Mandatory Reporting System
Currently, there is no reporting system or central repository of information on international child abduction at state or federal level. This results in confusion and disagreement on the scale of the problem of international child abduction cases. The US Department of State’s Office of Childrens Issues does not collect or collate statistics which have generic or specific value; many cases fall between the cracks in the current framework as a consequence, indeed many go unreported.
It shall be mandated that international child abductions to and from the Commonwealth be collated by a central repository body.
4. Mandatory Reporting & Law Enforcement
Upon a child not being returned to the jurisdiction, on the following day the left-behind parent shall be allowed to make, and law enforcement compelled to accept, a missing child report.
The missing child report shall be made to State Police.
Upon a child being internationally abducted to the jurisdiction, State Police shall be compelled to accept directly from the overseas left-behind parent a missing child report, or may accept one through foreign law enforcement or other administrative or law enforcement agency.
Reports shall be filed in person, by email, by telephone or by fax or any other communication medium available.
Immediately, State Police shall:
i. Enter the child as a missing child into the federal NCIC;
ii. Notify the National Center for Missing & Exploited Children (NCMEC); and
iii. Notify the State designated repository (see 3. above).
5. Criminal Aspects
Outgoing cases: after a 30-day grace period for the voluntary return of the child, the removal/retention shall be deemed a criminal offense.
Incoming cases: within 30 days of abduction to the Commonwealth of Virginia, the child shall be voluntarily returned. Failure to return shall be a criminal offense. Further removal of the child out of state shall be an additional criminal offense (to tackle state-hopping behavior).
6. Freezing & Liquidating Property & Assets of Abductors and Accomplices
The cost of recovering children is enormous; frequently running to hundreds of thousands of dollars for both resident and alien left-behind parents. The assets of abductors and those who render assistance and succor shall be liable to be immediately frozen upon reporting to State Police. If, after 30 days, the child is not returned, those assets are to be considered forfeit and may be liquidated to provide the left-behind parent with the funds necessary to mount recovery of their child.
Subscribe to:
Posts (Atom)