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Inventory of the Papers of H. Lane Kneedler: Legislative History of Virginia's Criminal Assault Law, 1977-1981 Kneedler, H. Lane, Papers viul00033

Inventory of the Papers of H. Lane Kneedler: Legislative History of Virginia's Criminal Assault Law, 1977-1981

A Collection in
The Arthur J. Morris Law Library, Special Collections
Collection Number MSS 81-1


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Funding: Web version of the finding aid funded in part by a grant from the National Endowment for the Humanities.

Processed by: Special Collections Staff

Repository
Special Collections, University of Virginia Law Library
Collection number
MSS 81-1
Title
Papers of H. Lane Kneedler: Legislative History of Virginia's Criminal Assault Law, 1977-1981
Physical Characteristics
This collection contains 11 boxes (4.5 linear feet).
Language
English
Abstract
The Papers of H. Lane Kneedler provide a legislative history of Virginia's first criminal sexual assault legislation and include correspondence, drafts of bills, research material and audiotapes of planning sessions.

Administrative Information

Access

There are no restrictions.

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Preferred Citation

Inventory of the Papers of H. Lane Kneedler: Legislative History of Virginia's Criminal Assault Law, 1977-1981, MSS 81-1, Box Number, Special Collections, University of Virginia Law Library.


Biographical/Historical Information

In 1976 the General Assembly appointed the State Crime Commission which in turn established the Advisory Task Force to Study Criminal Sexual Assault. The Task Force met for the first time October 18, 1976, and five committees were charged with studying the crime, its impact, prevention and punishment. Lane Kneedler was appointed to the Court Process Committee which later merged with the Legislation Committee as the drafting of the bill began; the other committees were Treatment, Rehabilitation and Punishment; Law Enforcement; and Public Education. All the committees carried on research and held public hearings before making recommendations.

The Virginia Committee on Sexual Assault Reform (COSAR), a citizen's interest group, had formed at approximately the same time the Crime Commission was getting started, so its leaders were appointed to most of these committees. In May 1977, COSAR presented a proposed criminal sexual assault reform bill to the Legislation Committee. By the late fall of that year, Kneedler and his research assistants made recommendations to the merged committees on the proposed bill which in January of 1978 became S. B. 291. Introduced by Senator Stanley Walker, it passed the Senate by a vote of 32-6. S. B. 291 then went before the House Courts of Justice Committee where it was amended; in the 1979 session the bill passed the House by a vote of 77-21, but the Senate rejected a conference committee report on it. Consequently, S. B. 291, in 1979 sponsored by Senator Joseph Gartlan, died with the close of the session

Task Force members and additional legislators revised the bill in the summer and fall of 1979. The resulting S. B. 258, sponsored by Senator Frederick Boucher, was diligently studied by the Senate Courts of Justice Committee in early 1980. On February 18, the bill carried the committee, 11-4, and passes the Senate the same day by a vote 31-9. The House Courts of Justice Committee, however, voted to carry the bill over to the 1981 session.

A special committee to study S. B. 258 was appointed in June of 1980, but this committee, in fact, did not work on the bill. Task Force members and representatives of the Virginia Association of Commonwealth's Attorneys, the principal opponents of the bill, constructed a compromise version of it. The Task Force members were Senators Boucher and Gartlan, Ann Warshauer of COSAR, and Lane Kneedler; the VACA was represented by William Person and Daniel Chichester, President and Past-President, respectively, and by Robert Horan, Chairman of the Legislation Committee

The compromise version of S. B. 258 passed the House Courts of Justice Committee with an amendment to the evidence section by Delegate Robrecht. Before the House that amendment was defeated and replaced by a more specific one sponsored by Delegate Theodore Morrison; the deletion of the section on spousal rape was the only other change to the compromise bill. S. B. 258 passed the House by a vote of 98-1 on January 28. At this point the VACA withdrew its support of the bill because of the Morrison amendment, but the group did not fight its passage in the Senate. S. B. 258 was signed into law by Governor John Dalton in March of 1981 and went into effect on the first of July.

Scope and Content Information

This collection includes Kneedler's correspondence, notes and memoranda; minutes, agenda and memoranda written by the Task Force members; audio cassette tapes of initial drafting sessions for the bill; correspondence from COSAR leaders; research papers written by Kneedler's assistants, and secondary material such as photocopies of case material; drafts of S. B. 291 and 258, as well as several alternatives; and newsclippings about the topic of rape and about the progress of the legislation through four sessions in the General Assembly.

Contents List

H. Lane Kneedler's Notes 1976-1981, n.d.
Box: 1
HLK's Correspondence 1977-1981
Box: 1
4 folders
HLK's Speeches on S. B. 291 1977-1981
Box: 1
"Sexual Assault Law Reform in Virginia"-Law Review Article by HLK and A. Gordon; handwritten draft [1980?]
Box: 2
"Sexual Assault Law Reform in Virginia"-Law Review Article by HLK and A. Gordon; typewritten copies with editors' changes [1980?]
Box: 2
ALI Model Penal Code Section 213, written by Peter Low and John Jeffries 1978
Box: 2
2 folders
Committee on Sexual Assault Reform (COSAR)-newsletters and memos 1979-1981
Box: 2
COSAR-Comprehensive Bill 1977
Box: 2
Memos to CSA (Committee on Sexual Assault) Task Force Members 1976-1980
Box: 2
2 folders
Agenda, Statements, Notes, etc. from Public Hearings Held by CSA Task Force 1977-1980
Box: 2
Task Force Subcommittee Reports 1977
Box: 3
Task Force Background Materials on Sexual Assault 1976
Box: 3
Interim Report of the Advisory Task Force to Study Criminal Sexual Assault for the Virginia Crime Commission 1978
Box: 3
Annual Reports of the Virginia Crime Commission 1976, 1977
Box: 3
Commonwealth's Attorneys Association--HLKs' notes included 1979-1980
Box: 3
Speech by Stanley Walker for Commonwealth's Attorneys 1978 Aug 3
Box: 3
Parkerson Study Committee 1979
Box: 3
Lists of Names of People Involved in the CSA Legislation 1980-1981
Box: 3
Memos Prepared by Research Assistants for the Task Force 1977-1979
Boxes: 3-4
8 folders
Memos Prepared for Senate and House Committees 1978-1979
Box: 4
Miscellaneous Research Material Gathered by Assistants 1976-1980
Box: 4
Research Assistants' Work and Billing 1977, 1980
Box: 4
Published Secondary Articles 1979
Boxes: 4-5
3 folders
Unpublished Secondary Articles 1976-1979
Box: 2 folders
Miscellaneous Printed Secondary Material n.d.
Box: 5
National Criminal Justice Referral Service: Battered Women 1978
Box: 5
National Criminal Justice Reference Service: Rape 1979
Box: 6
2 folders
National Criminal Justice Referrence Service: Child Abuse 1979
Box: 6
2 folders
Case Material
Boxes: 6-7
9 folders
States' Rape Laws
Box: 8
3 folders
Records and Schedules of Votes on S. B. 291 and 258 1978-1981
Box: 8
Senate Joint Resolution 34 1978 Jan 26
Box: 8
S. B. 291--Drafts with HLK's annotations 1978 Feb-1979 Dec and n.d.
Box: 8
2 folders
S. B. 291--Printed with HLK's annotations 1978 Jan-1979 Jan
Box: 8
S. B. 291--Amendments in HLK's hand n.d.
Box: 8
S. B. 291--Commentary 1978, 1979
Box: 8
S. B. 291--Bound Commentary 1978
Box: 9
2 copies
S. B. 258--Drafts with HLK's annotations 1979 Dec-1980 Mar
Box: 9
2 folders
S. B. 258--Printed with HLK's annotations 1980 Jan, Feb
Box: 9
S. B. 258--Amendments in HLK's hand 1980, 1981
Box: 9
2 folders
S. B. 258--Commentary 1980, 1981
Box: 9
S. B. 258--Drafts # 1, 2 and 3 with HLK's annotations 1980 Sept
Box: 9
S. B. 258--Drafts with HLK's annotations 1980 Nov
Box: 10
S. B. 258 Draft unannotated 1980 Dec
Box: 10
S. B. 258--Draft with HLK's annotations 1981 Jan
Box: 10
S. B. 258-Joint Conference Committee Report 1981 Feb 18
Box: 10
S. B. 258--Printed with changes in HLK's hand 1981 Jan, Feb, Apr
Box: 10
H. B. 988 and Commentary 1978
Box: 10
S. B. 180--Printed 1978 Jan
Box: 10
S. B. 157--Printed 1980 Jan
Box: 10
H. B. 1551--Printed [1981]
Box: 10
House of Delegates Calendars 1981 Jan 27 and 28
Box: 10
Newsclippings 1977-1981 and n.d.
Box: 10
2 folders
Legislative and Court Process Subcommittee Tapes 1977 May-Dec
Box: 11
25 Tapes