On Tuesday, February 14th, the Virginia House of Delegates voted in favor of House Bill 1160 (HB1160). The final vote was 96-4.

The legislative goal of HB1160 is to codify in Virginia law noncompliance with what many are referring to as the “kidnapping provisions” of section 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA). The official summary of 1160:

“A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Virginia, or any Virginia law or regulation.”

HB1160 is sponsored by Delegate Bob Marshall and was introduced on 01-16-12. It previously passed out of Sub-Committee #2 Civil, by a vote of 6-3 and the Courts of Justice Committee by a vote of 16-0. After a series of action alerts by the Tenth Amendment Center nationally, and a number of supporting groups locally – Courts of Justice committee members heard from the people they represent that a full house hearing and vote to reject the NDAA is what they wanted. With a 96-4 vote, the Virginia House sent a message on indefinite detentions – a resounding NO!

“Under the recently passed 2012 federal Defense Authorization Act American citizens may be indefinitely detained, incarcerated, not presented with charges and denied counsel based on an accusation by federal agents of collaboration with or support of terrorists,” said Marshall. “While Virginia cannot directly undo this purported law which undermines the Sixth Amendment, I introduced HB 1160 which will prevent the use of any Virginia agency or member of the Virginia National Guard or Virginia Defense Force to assist in any way to unlawfully detain a citizen of Virginia on behalf of the United States Government in violation of the Constitution of Virginia,” he continued.

Marshall previously reported that Governor Bob McDonnell is opposing this legislation. Residents all over Virginia are strongly encouraged to contact their Delegates AND the Governor’s office in support of this legislation now.

CLICK HERE to track the status of NDAA nullification legislation around the country.

CLICK HERE to view a suite of model resolutions and legislation available for introduction in your area.

ACTION ITEMS

If you live in Virginia – act NOW. Not tomorrow or next week. Today, not tomorrow – right now.

1. Visit the link below for contact information for your delegate:

http://apps.lis.virginia.gov/sfb1/Senate/TelephoneList.aspx

2. click on a senator name that is your senator – get their email address and TWO phone numbers – capitol and district offices

3. CALL them. Best option – respectfully, yet firmly – urge them to pass this bill. Let them know that you want them to stand up for the Constitution of the United States AND the Constitution of Virginia – they took an oath to both.

4. EMAIL them – even if call, you can still email too. Or just email. A courteous, strong and firm email – urging them to vote yes on this bill.

5. Do the same for the Governor’s office – 804-786-2211 or https://www.governor.virginia.gov/AboutTheGovernor/contactGovernor.cfm

6. Report Back – when you get responses, let us know! We want people to be informed of what their delegates are saying and doing.

ADDITIONAL ACTION

If your delegate voted in favor of HB1160 (there are many that did), call them NOW to thank them for their YES vote. Here’s the final tally:

YEAS–Albo, Alexander, Anderson, BaCote, Bell, Richard P., Bell, Robert B., Brink, Bulova, Byron, Carr, Cline, Cole, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dance, Dudenhefer, Edmunds, Englin, Fariss, Farrell, Filler-Corn, Garrett, Gilbert, Greason, Habeeb, Head, Helsel, Herring, Hodges, Hope, Howell, A.T., Hugo, Iaquinto, Ingram, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Landes, LeMunyon, Lewis, Lingamfelter, Lopez, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McClellan, McQuinn, Merricks, Miller, Minchew, Morefield, Morris, Morrissey, O’Bannon, O’Quinn, Orrock, Peace, Plum, Pogge, Poindexter, Purkey, Putney, Ramadan, Ransone, Robinson, Rush, Rust, Scott, E.T., Scott, J.M., Sherwood, Sickles, Spruill, Stolle, Surovell, Tata, Torian, Toscano, Tyler, Villanueva, Ward, Ware, O., Ware, R.L., Watson, Watts, Webert, Wilt, Wright, Yancey, Yost–96.

NAYS–Comstock, James, Kory, Mr. Speaker–4.

ABSTENTIONS–0.

NOT VOTING–0.