It’s a new morning in Richmond.  Literally.

I rose up at 6 a.m. and went for a 6-mile run, heading west down Grove Avenue to Carytown and back.  The weather has been freakishly warm all session.  Good thing we disproved global warming!

Back to  business ….

All my successful Senate bills have now transferred over to the House side.  Some will be “conformed” into House bills, which previously passed.  Otherwise will be rejected.  And others will be fought over, just as they were in the Senate.

On the Senate side, we will spend the next four weeks taking up House bills.  Many of these same concepts we have already seen (and voted on) as Senate bills.  However, as there are so many more House members, there is more legislation.  Therefore, our committees actually run longer in the “second half” of the session.

The last few days are the most disorganized.  This is when the bodies form “conference committees” (usually three House, three Senate members) to negotiate on bills where there are conflicts in the language, i.e. between the House and Senate versions.

Often, the conference committee will use the opportunity to rewrite the original bill, per the motivations of the participants.   Conferees have that power.  Working in isolation, they effectively bypass the committee structure and bring items directly to the floor for a “yes” or “no” vote.  This is also, inevitably, how the State Budget is negotiated.

We’re not there yet.  But that’s how the last few days will shake out.

Cross-over day was a long day.  A lot of folks got worn down.  Along the way, some bills passed that would normally get killed — or at least examined closely.

One of those was a bill mandating the installation of “interlock” on any car which is driven by a first-time DUI offender, even if the BAC (blood alcohol concentration) registers .08, which is the legal threshold.   That’s about 3-4 drinks for an average adult male  (And, no, you shouldn’t drive in that situation.  Period).

This interlock device costs about $600 and, assuming it works correctly, requires a sober driver to blow into it in order to start the car.  Previously, the “Interlock” penalty was discretionary to the trial court judge, at least for first-time offenders.   Now it’s mandatory for a first-time offender who otherwise qualifies for a restricted license.

The 2007 “abuser fee” coalition supported this bill, which was referenced as “saving lives” threatened by repeat DUI offenders.  Although DUI fatalities have dropped precipitously in the past twenty years, there is apparently never enough deterrence.

Here’s who didn’t support the bill: the Virginia police association, the Sheriffs’ Association or the Commonwealth’s Attorneys Association.  In other words, the people who fight crime every day.  (notably, both former prosecutors in the Senate voted “no”).

What’s the impact?

Every single DUI arrest will now go to trial.  Nobody — and I mean nobody — will plead guilty to a DUI now, since the judge and prosecutors have zero remaining discretion.  The penalties on conviction are the same either way.  And they will be both expensive and uniquely humiliating.

That’s great business for defense lawyers.  Flat fees for defending DUI’s can go up to $5,000 and people are going to pay up. It’s also great news for criminals who don’t drive drunk — since prosecutors will be spending all their time and resources trying DUI cases.

It’s lousy news for those people charged with DUI that can’t afford lawyers or Interlock. Undoubtedly, they will lose their license, drive to work anyway, and go straight back to jail for a new charge of “driving on suspended.”  Yeah, they made a mistake but the BAC equipment itself is hardly infallible, and a good attorney, if you can afford her, can punch holes in a poorly done test.

Who wins?  Well, the manufacturers of the Interlock devices.  They just quadrupled their Virginia business.  That’s why they hired the lobbyists to push the bill.

We’ve been on the floor for four hours, so far today.  The last day before “cross-over,” which is when our body finishes action on all Senate bills.

This afternoon, we’ve had votes on criminal penalties, property rights and teacher contracts.  A lot of close votes today.  At least 2-3 bills killed on the floor.

Right now, we’re debating SB 6, which requires drug screening and testing for beneficiaries of VIEW — our state program which provides benefits to families with dependent children in exchange for at least 30 hours a week of work or volunteering.

Do we test other beneficiaries of state dollars?  State employees?  Public college students? State lawmakers?  Recipients of state tax credits?

This debate has been dragging for 45 minutes.  Time seems to be standing still.

At this rate, we’ll be getting out of here at midnight tonight.