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Old November 7, 2011, 06:25 PM   #34
Peteydoug
Junior Member
 
Join Date: October 31, 2011
Posts: 3
I have court on the 10th for a pretrail, I am getting a court appointed lawyer ( Broke college student)
As for my defense, i've found this link explaining the word "Secured" from a case just like mine:
http://virginialegaldefense.com/Stuf...ed_defined.PDF

And this is a response from a user on a different forum:
Quote:
Originally Posted by TenchCoxe
Quote:
Originally Posted by totes6
If I recall correctly the original Bill that went before the State Legislators actually included the provision that the container must be "locked". Before it was signed into law the language was changed from "locked" to "secured".
You are correct. See my comments upthread a little ways.

Quote:
Originally Posted by totes6
If you can find the original bill and show that to the Judge and compare it to the law that was signed. That will prove the legislative body's intent of the law, where they actually removed the provision of being locked.
Here is the legislative history of the bill:
http://leg1.state.va.us/cgi-bin/legp...?101+sum+HB885

On the legislative history page you will find links to the senate amendments and the governor's recommendation, showing how the senate changed "secured" to "locked" and then the governor recommended changing it back to "secured" before he would sign it.

You also will find links to the bill in its various forms as it passed through the legislative process - specifically:

Here is the bill as prefiled Jan. 13, 2010, in which it used the word "secured":
http://leg1.state.va.us/cgi-bin/legp...?101+ful+HB885

Here it is as enacted by the house and senate, after the senate amended it to replace "secured" with "locked":
http://leg1.state.va.us/cgi-bin/legp...01+ful+HB885ER

Here it is after the governor sent it back with the recommendation to change "locked" back to "secured":
http://leg1.state.va.us/cgi-bin/legp...1+ful+HB885ER2

And the final act, as enacted and signed by the governor, using "secured":
http://leg1.state.va.us/cgi-bin/legp...1+ful+CHAP0841

It should be pretty darn clear that the General Assembly considered requiring the container or compartment to be locked, but then rejected that requirement in favor of requiring it to be "secured." And this also makes it clear that "secured" is not necessarily 'locked."
More updates after my pretrail, thanks guys!
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