BILL FOR CHILD VICTIMS’ RIGHTS ACT ADVANCES, THE VIRGIN ISLANDS DEPARTMENT OF JUSTICE SHARES KEY CHALLENGES, VIPD TESTIFIES ON ROADWAY SAFETY INITIATIVES

Published: Sep 10, 2024

BILL FOR CHILD VICTIMS’ RIGHTS ACT ADVANCES, THE VIRGIN ISLANDS DEPARTMENT OF JUSTICE SHARES KEY CHALLENGES, VIPD TESTIFIES ON ROADWAY SAFETY INITIATIVES

ST. THOMAS – The Committee on Homeland Security, Justice, and Public Works, chaired by Senator Kenneth L. Gittens, convened in a meeting at the Capitol Building on Tuesday. Lawmakers voted in favor of a bill establishing the Child Victims’ and Child Witnesses’ Rights Act. Officials from the Virgin Islands Department of Justice (DOJ) separately provided a status update on their operations. The Virgin Islands Police Department Highway Safety and Traffic Investigation shared key roadway initiatives.

Senator Gittens emphasized the significance of safeguarding children in the Virgin Islands. “It ensures the protection of our children’s rights while promoting justice. The measure contributes to the preservation of the justice system’s integrity. To prevent our children from experiencing unnecessary trauma, I am in complete agreement with the equitable treatment of these young people.”

Senators voted in favor of Bill 35-0031, which amends Title 5, V.I.C., subtitle 3, part I, adding a new chapter 301A, creating the Child Victims’ and Child Witnesses’ Rights Act, and repealing chapter 301, subchapter IV, section 3510. The measure aims to provide alternatives to live in-court testimony, such as closed-circuit television, videotape, and other acceptable recording forms, under circumstances determined by the court. The measure also grants a child’s right to an adult attendant and prohibits parties not directly involved in the case from accessing the courtroom.

Dr. Clema Lewis, Executive Director of the Women Coalition on St. Croix, noted that open court testimony can cause psychological harm to child victims. Furthermore, the bill would allow for a multidisciplinary child abuse team in the St. Thomas-St. John District, which currently only operates in St. Croix. Senator Angel L. Bolques, Jr., the bill’s sponsor, emphasized that the passage of the legislation sends a clear message against child exploitation and enhances protections for children within the legal system. Carla Benjamin, Assistant Commissioner of the Virgin Islands Department of Human Services, supported the measure but cautioned against introducing new definitions already covered in the VI Code and recommended using existing terms. Moleto A. Smith Jr., Director of the U.S. Virgin Islands Law Enforcement Planning Commission, also endorsed the bill, emphasizing its goal to protect child victims and witnesses from the psychological harm of violence and court testimony.

Attorney General Nominee Gordon C. Rhea provided testimony regarding the status of Justice Department operations. One of the obstacles that DOJ is currently facing is the requirement for their IT case management system to eradicate the need for paper files, expedite the exchange of data with the police, federal prosecutors, and defense attorneys, and notify prosecutors when court filings are due. Rhea noted that within the next year, DOJ must implement a state-of-the-art case management system specifically tailored to our numerous divisions’ unique requirements. Another obstacle is the imperative need for the Department of Justice to fill a multitude of vacant positions. To address this challenge, Rhea disclosed that the Department of Justice has collaborated with the Human Resources and Finance Departments to recruit exceptional new personnel and identify methods of financing their employment. The Federal Bureau of Investigation, the Superior and Federal Courts, and the Department share a common mission of combating crime and advancing justice; however, they have rarely collaborated to accomplish these objectives. This presents an additional challenge. Rhea stated that the initiative was to motivate all entities to collaborate to accomplish a common objective.

Assistant Commissioner of the Virgin Islands Police Department, Sidney Elskoe, concluded his testimony by providing an update on the department’s key initiatives aimed at improving roadway safety. The VIPD Office of Highway Safety and Traffic Investigation Bureau is currently tasked with addressing vehicles operating unlawfully. Upon identifying a violation, operators may be issued citations, and their vehicles may be towed from the roadway. To address the issue of unlicensed dirt bikes, all-terrain vehicles, and scooters on public roads, the Chiefs of Police in both districts have taken charge of implementing the Traffic Safety Initiative. As stipulated by V.I. Code Title 20, § 334(b), all vehicles must display a license plate and have a taillamp or a separate light designed to illuminate the rear plate, ensuring visibility from 50 feet. The division’s notable initiatives also focus on impaired driving, including offenses such as driving under the influence, cellphone use, texting, drowsy driving, and other distractions. Additionally, occupant protection measures, covering both adult and child safety, are being promoted through education and outreach to encourage prevention. Violators will face citations and vehicle impoundment.

Senators present at the committee meeting were Kenneth L. Gittens, Angel L. Bolques, Jr., Javan James Sr., Diane Capehart, Marise James, Ray Fonseca, Alma Francis Heyliger, Dwayne DeGraff, Novelle E. Francis, Jr. and Franklin D. Johnson.  

The Division of Public Affairs is committed to providing the community with accurate information on proceedings at the Legislature of the Virgin Islands. Visit www.legvi.org.

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