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Dave Albo

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David B. Albo
Member of the Virginia House of Delegates
from the 42nd district
In office
January 13, 1994 – January 10, 2018
Preceded byRobert K. Cunningham Sr.
Succeeded byKathy Tran
Personal details
Born (1962-04-18) April 18, 1962 (age 62)[1]
Flushing, New York, U.S.[1]
Political partyRepublican[1]
SpouseRita Irene Von Essen[1]
ChildrenBen[1]
Residence(s)Fairfax Station, Virginia, U.S.
Alma materUniversity of Virginia (BA), University of Richmond School of Law (JD)[1]
ProfessionLawyer[1]
CommitteesCourts of Justice (chair); General Laws; Privileges and Elections[1]
Websitehttps://www.davealbo.com/

David B. Albo (born April 18, 1962) is a retired Republican politician from the Commonwealth of Virginia, USA. He represented the 42nd district of the Virginia House of Delegates from 1994 to 2018.[1]

Personal

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Albo grew up in Springfield, Virginia.[2] He graduated from Fairfax County public schools – Rolling Valley Elementary and West Springfield High School.[1] He has a B.A. degree in economics from the University of Virginia and a J.D. degree from the University of Richmond School of Law.[1]

Political career

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Albo was first elected to the Virginia House of Delegates in 1994. He is the most senior Northern Virginia majority party delegate in the House of Delegates.[3] Albo is Chairman of the Courts of Justice Committee and a member of the General Laws and Privileges and Elections committees[1] and a member of the Joint Legislative Audit and Review Commission.[4] Since becoming Chairman of the House of Delegates Courts of Justice committee in 2006 Mr. Albo has overseen the writing of all of the Virginia civil procedure changes including; the creation of the Bill of Complaint as the primary civil pleading, the revision of the jurisdictional limits of the courts, and the modernization of evidentiary law. In addition, Albo has overseen or drafted most of Virginia’s criminal law changes such as; the elimination of parole, the major revision of the drunk driving laws, and most of Virginia’s anti-gang laws.[5] Albo’s complete legislative record is available at lis.virginia.gov.

Major legislation

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Anti-Terrorism Bill: Albo's 2002 bill, HB 1120, defines an act of terror, increases the penalty for possession of bomb material and hoax bomb devices, empowers Virginia law enforcement to effectively respond to terrorism, and outlines the punishment for terrorism.[6] People found guilty of conspiring or committing an act of terror may be subject to either the death penalty or life in prison. The bill was infamously used to prosecute John Allen Muhammad and Lee Boyd Malvo, who were responsible for the “Beltway Sniper Attacks.”

Anonymous Internet Defamation: Albo’s 2015 bill, HB 1635, extends the statute of limitations until the anonymous publisher’s identity is determined in an internet defamation lawsuit.[7] Albo proposed the bill on behalf of a constituent who was the victim of disparaging comments on FairfaxUnderground.com.[8]

Animal Cruelty: Throughout his political career, Albo has supported legislation to protect animals. Organizations such as Humane Dominion have recognized Albo for his efforts.[9] He is responsible for making treatment programs mandatory for animal abuse violators[10] and strengthening penalties for repeat offenders of the animal cruelty statue through his 2007[11] and 2010 legislation.[12] In 2016, Albo’s bill restored the powers of a standard law enforcement officer for Fairfax County Animal Control Officers.[13]

Cannabis Oil for the treatment of epilepsy: In 1979, Virginia passed a law making possession of marijuana legal for the treatment of cancer and glaucoma legal with a valid prescription from a doctor. However, the term “valid prescription” prevented doctors from prescribing it due to the Federal Schedule 1 status of the drug.[14] The law was in place until Albo’s 2015 legislation, HB 1445, changed the language from “prescription” to “recommendation.” Albo’s bill also added treatment of epilepsy to the acceptable list of illnesses.[15] Albo cites the stories of three constituents’ children as his inspiration, "There are a bunch of kids with Dravet syndrome that have hundreds of seizures and the oil from marijuana alleviates the seizures.”[16] NBC’s Dateline, aired a special series, “Growing Hope.”[17] The series covered the legislative tracking of the bill and personal stories of the patients.

Other notable legislation:

  • 2004: HB 1080 -Requires an intake officer to notify a school superintendent when a student is involved with a juvenile case relating to gang activity.[18]
  • 2005: HB 1573 - Increased the penalty for gang-related activity that take place near school property.[19]
  • 2006: HB 847 - Requires juvenile justice officials to collect data on incarcerated gang members and give their findings to the Commonwealth Attorney’s Services Council. In turn, the Council shares the information with state prosecutors.[20] Albo was also a co-patron on HB 588[21] which made brandishing a machete near school property a Class 1 misdemeanor.[22]
  • 2007: HB 2429 - Empowers the Attorney General, with the consent of the local Commonwealth attorney, to assist in the prosecution of certain gang and terrorism crimes. The bill also defines aiding or committing an act of terror as a Class 4 felony.[23]
  • 2008: HB 820 - Requires correctional facility officers to check the legal status of inmates and report their findings to Local Inmate Data System of the State Compensation Board.[24]
  • 2010: HB 736 - Requires Virginia circuit courts and Department of State Police to report information to the Virginia Child Protection Accountability System.[25]
  • 2011: HB 1476 - Extends the limitation period for victims of sexual abuse to take legal action from two years to twenty years.[26]
  • 2013: HB 1847 - Adds murder, aggravated malicious wounding, and other offenses to the definition of a predicate criminal act involving gang activity.[27]
  • 2016: HB 177- Adds additional crimes such as engaging prostitution with a minor under the age of 13 to the Sex Offender and Crimes Against Minors Registry Act.[28] Albo is also the chief patron of HB 886, which creates a Class 6 felony for a second stalking offense within five years of the first offense.[29]

Electoral history

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Date Election Candidate Party Votes %
Virginia House of Delegates, 42nd district
Nov 2, 1993[30] General David B. "Dave" Albo Republican 7,813 53.00%
Laurie A. Frost Democratic 6,919 46.90%
Nov 7, 1995[31] General David B. "Dave" Albo Republican 7,402 58.30%
Mark S. Cecelski Democratic 5,287 41.60%
Nov 4, 1997[32] General David B. "Dave" Albo Republican 11,200 75.99%
Ali M. Ghaemi Democratic 3,512 23.80%
Nov 2, 1999[33] General David B. "Dave" Albo Republican 9,075 99.32%
Write Ins 62 0.70%
Nov 6, 2001[34] General David B. "Dave" Albo Republican 11,258 61.10%
David B. Collins Democratic 7,173 38.90%
Nov 4, 2003[35] General David B. "Dave" Albo Republican 9,325 98.50%
Write Ins 139 1.50%
Nov 8, 2005[36] General David B. "Dave" Albo Republican 10,257 51.16%
Gregory A. Werkheiser Democratic 9,479 47.70%
Nov 6, 2007[37] General David B. "Dave" Albo Republican 9,947 87.65%
Write Ins 1,402 12.40%
Nov 3, 2009[38] General David B. "Dave" Albo Republican 11,767 56.56%
Gregory A. Werkheiser Democratic 9,006 43.29%
Nov 8, 2011[39] General David B. "Dave" Albo Republican 11,835 62.13%
John R. Dobbyn, Jr. Democratic 7,199 37.79%
Nov 5, 2013[40] General David B. "Dave" Albo Republican 15,303 59.83%
Edward R. Deitsch Democratic 10,247 40.06%
Nov 3, 2015[41] General David B. "Dave" Albo Republican 10,837[42] 63.44%
Joana C. Garcia Democratic 6,245 36.56%

Fees for driving violations

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Albo supported large surcharges for felony and misdemeanor level driving convictions in 2007, a plan that[43] met strong resistance from some Virginia residents.[44] The money raised by the Virginia bill would to go toward transportation funding.[43] Albo was singled out for criticism in part because his law practice specializes in traffic defense, and could ostensibly gain from the new law.[45] Albo countered by arguing that increased punishments on crimes could possibly lower the occurrence of crimes decreasing business for lawyers.[46][47] He further pointed out that this was the case with the "Abuser Fees" that lowered the number of Reckless Driving charges.[48] However, other studies have correlated increased ticketing rates in the years following those in which government revenue has declined.[49]

A primary area of controversy stemmed from the fact that the final bill was amended by the Governor to apply the abuser fees only to Virginia residents, and not those residing in other states.[50] Albo defended the Governor's amendment and described it as a "weakness" but still advocated passage.[51] The following session he voted to repeal his own "Abuser Fees."[52] Responding to the public outcry elected officials repealed the bill in 2008.[53]

Professional career

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Albo was an assistant city attorney for the City of Fairfax from 1990 to 1994, before going into private practice. During the period from 1988 to 1994 Albo was appointed by the courts to serve as guardian ad litem for abused and neglected children. Albo served as President of the West Springfield Civic Association from 1989 to 1993. He was a partner at a law firm that he co-founded, Albo & Oblon, LLP, until the firm closed in 2017. Albo is currently a Partner at WilliamsMullen in Tysons, Virginia.[54]

In 2010, Albo was recognized as one of the “Leaders in the Law” by the Virginia Lawyer’s Weekly for his leadership in improving Virginia’s justice system, changing Virginia law, and his important contributions to Virginia’s legal community.[55]

References

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  1. ^ a b c d e f g h i j k l "Bio for David B. Albo". Virginia House of Delegates. Retrieved November 15, 2008.
  2. ^ Albo, Dave. "Dave Albo:About Dave". Retrieved February 21, 2012.
  3. ^ "Virginia House of Delegates -2012 Seniority". Retrieved February 21, 2012.
  4. ^ "JLARC". Archived from the original on June 17, 2012. Retrieved February 23, 2012.
  5. ^ "Legislation". Virginia House of Delegates. VA LIS. Retrieved February 24, 2012.
  6. ^ "LIS > Bill Tracking > HB1120 > 2002 session". lis.virginia.gov. Retrieved March 9, 2016.
  7. ^ "LIS > Bill Tracking > HB1635 > 2015 session". lis.virginia.gov. Retrieved March 9, 2016.
  8. ^ "Woman changes law to fight anonymous harassers on the Internet". Women in the World in Association with The New York Times - WITW. July 30, 2015. Retrieved March 9, 2016.
  9. ^ "Humane Dominion Endorses Animal Protection Candidates in Virginia! – Humane Dominion". www.humanedominion.org. Archived from the original on March 10, 2016. Retrieved March 9, 2016.
  10. ^ "LIS > Bill Tracking > HB2322 > 1999 session". lis.virginia.gov. Retrieved March 9, 2016.
  11. ^ "LIS > Bill Tracking > HB1900 > 2007 session". lis.virginia.gov. Retrieved March 9, 2016.
  12. ^ "LIS > Bill Tracking > HB281 > 2010 session". lis.virginia.gov. Retrieved March 9, 2016.
  13. ^ "LIS > Bill Tracking > HB118 > 2016 session". lis.virginia.gov. Retrieved March 9, 2016.
  14. ^ "Current Virginia Medical Marijuana laws | Virginia Marijuana Legalization Project". vmlp.org. Archived from the original on March 10, 2016. Retrieved March 9, 2016.
  15. ^ "LIS > Bill Tracking > HB1445 > 2015 session". lis.virginia.gov. Retrieved March 9, 2016.
  16. ^ Press, Daily. "Albo proposes bill to allow medical marijuana to threat a third syndrome". dailypress.com. Retrieved March 9, 2016.
  17. ^ "FULL EPISODE- Dateline: Growing Hope - NBC News". NBC News. Retrieved March 9, 2016.
  18. ^ "LIS > Bill Tracking > HB1080 > 2004 session". lis.virginia.gov. Retrieved March 9, 2016.
  19. ^ "LIS > Bill Tracking > HB1573 > 2005 session". lis.virginia.gov. Retrieved March 9, 2016.
  20. ^ "LIS > Bill Tracking > HB847 > 2006 session". lis.virginia.gov. Retrieved March 9, 2016.
  21. ^ "LIS > Bill Tracking > HB588 > 2006 session". lis.virginia.gov. Retrieved March 9, 2016.
  22. ^ Jenkins, Chris L. (March 2, 2006). "Assembly Weighing an Array of Measures on Gangs". The Washington Post. ISSN 0190-8286. Retrieved March 9, 2016.
  23. ^ "LIS > Bill Tracking > HB2429 > 2007 session". lis.virginia.gov. Retrieved March 9, 2016.
  24. ^ "LIS > Bill Tracking > HB820 > 2008 session". lis.virginia.gov. Retrieved March 9, 2016.
  25. ^ "LIS > Bill Tracking > HB736 > 2010 session". lis.virginia.gov. Retrieved March 9, 2016.
  26. ^ "LIS > Bill Tracking > HB1476 > 2011 session". lis.virginia.gov. Retrieved March 9, 2016.
  27. ^ "LIS > Bill Tracking > HB1847 > 2013 session". lis.virginia.gov. Retrieved March 9, 2016.
  28. ^ "LIS > Bill Tracking > HB177 > 2016 session". lis.virginia.gov. Retrieved March 9, 2016.
  29. ^ "LIS > Bill Tracking > HB886 > 2016 session". lis.virginia.gov. Retrieved March 9, 2016.
  30. ^ "Virginia Elections Database » 1993 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  31. ^ "Virginia Elections Database » 1995 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  32. ^ "Virginia Elections Database » 1997 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  33. ^ "Virginia Elections Database » 1999 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  34. ^ "Virginia Elections Database » 2001 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  35. ^ "Virginia Elections Database » 2003 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  36. ^ "Virginia Elections Database » 2005 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  37. ^ "Virginia Elections Database » 2007 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  38. ^ "Virginia Elections Database » 2009 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  39. ^ "Virginia Elections Database » 2011 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  40. ^ "Virginia Elections Database » 2013 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  41. ^ "Virginia Elections Database » 2015 House of Delegates General Election District 42". Virginia Elections Database. Retrieved March 9, 2016.
  42. ^ "Virginia Department of Elections » Official Results 2015 November General". Virginia Department of Elections. Archived from the original on April 7, 2017. Retrieved February 7, 2017.
  43. ^ a b Craig, Tim (June 27, 2008). "Va. Traffic 'Abuser Fees' Spur Backlash". The Washington Post. Retrieved November 17, 2008. 'I've had people from all around the state calling and yelling at me,' said Del. David B. Albo (R-Fairfax), one of architects of the plan to assess the fees...
  44. ^ Craig, Tim (June 27, 2008). "Va. Traffic 'Abuser Fees' Spur Backlash". The Washington Post. Retrieved November 17, 2008. Gov. Timothy M. Kaine and legislative leaders sought to respond Tuesday to a growing backlash over plans to make some Virginia drivers pay hefty surcharges on traffic tickets to finance road improvements.
  45. ^ Van Riper, Tom (December 18, 2008). "The Most Expensive States For Speeding Tickets 2007". Forbes.com. Archived from the original on December 19, 2007. Retrieved November 17, 2008.
  46. ^ Tom Van Riper (December 18, 2007). "The Most Expensive States For Speeding Tickets 2007". Forbes. Archived from the original on December 19, 2007. Retrieved November 4, 2014.
  47. ^ Levitt, Steven D (2004). "Understanding Why Crime Fell in the 1990s: Four Factors that Explain the Decline and Six that Do Not". Journal of Economic Perspectives. 18 (1): 163–190. doi:10.1257/089533004773563485.
  48. ^ "Archived copy". Archived from the original on August 10, 2014. Retrieved December 4, 2008.{{cite web}}: CS1 maint: archived copy as title (link)
  49. ^ "Red Ink in the Rearview Mirror: Local Fiscal Conditions and the Issuance of Traffic Tickets" (PDF). Economic Research. Retrieved April 27, 2024.
  50. ^ "Bill Tracking - 2007 session > Legislation".
  51. ^ "Those Abuser Fees – Yeah, We Never Saw Them Coming". YouTube. Archived from the original on December 14, 2021. Retrieved November 4, 2014.
  52. ^ "Dave Albo Flip Flops on Abuser Fees". YouTube. Archived from the original on December 14, 2021. Retrieved November 4, 2014.
  53. ^ Davis, Chelyen (March 9, 2008). "Abuser fees finally put to an end". Fredericksburg Free Lance-Star. The Free Lance-Star Publishing Company. Archived from the original on April 3, 2008. Retrieved November 17, 2008.
  54. ^ "Hon. David B. Albo | Williams Mullen". www.williamsmullen.com. Retrieved December 22, 2018.
  55. ^ Flecher, Paul (August 19, 2010). "Leaders in Law for 2010". Virginia Lawyers Weekly. Retrieved February 22, 2012.
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