February 12, 2012 - 6:12 pm

BY JIM NOLAN

  
The Virginia Senate on Friday approved bills that increase criminal penalties on sex offenders, drug dealers and people who financially exploit the elderly.

  
Senate Bill 127, sponsored by Sen. Mark D. Obenshain, R-Harrisonburg, would require any juvenile over the age of 13 who is adjudicated responsible for rape, sodomy or sexual penetration to register as a sex offender.

  
The bill passed 26-14, but came with a rider that would kill it if money is not appointed to fund the anticpated cost of the legislation.
  

Senate Bill 436, also sponsored by Obenshain, would impose mandatory minimum life sentences for rape, sodomy and sexual penetration over children under 13 by adults 18 years and older. The bill passed 27-13.

  
Some senators expressed concern that codifying mandatory sentences and offfender registration further erodes the ability of judges to exercise discretion on a case-by-case basis, and instead puts the authority in the hands of prosecutors who are politicans and must run for office. Judges in Virginia are not elected, but are appointed by the General Assembly.

  
“That’s why we appoint judges to make these decisions,” said Sen. David W. Marsden, D-Fairfax, who works in the juvenile justice system. He warned that the legislature was heading  down “a dangerous road” to keep eroding judicial discretion.
 
A third bill sponsored by Obenshain, Senate Bill 159, would impose mandatory minimum prison sentences of three years for second drug dealing conviction and increase the minimum prison term for a third or subsequent offense from five to 10 years. The measure passed 38-1.

  
Late last year, Obenshain, considered among the most conservative lawmakers in the Virginia Senate, disclosed his interest in running for attorney general in 2013. It followed the announcement by Attorney General Ken Cuccinelli that he would seek the GOP nomination for governor next year. 

  
In other Senate action, the chamber voted unanimously to increase punishment for financial crimes against the elderly. Senate Bill 431 would also increase punishment for crimes committed against the elderly by caregivers.

  
The Senate also approved its version of Gov. Bob McDonnell’s government reorganization plan. Senate Bill 678 passed 25-14.