Public Comments for 02/09/2022 Courts of Justice - Criminal
HB345 - Robbery; conforms certain provisions of the Code of Virginia to the degrees of robbery offenses.
HB404 - Sexual assault nurse & forensic examiners; testimony by two-way video conferencing.
HB434 - Criminal sexual assault; broadens definition of intimate parts, penalty.
I apologize, I'm not sure if the correct file was attached to my previous submission. Just in case, I've attached here.
Please see the attached written testimony.
The definition of "intimate parts" should clarify that it is not a chest of a child which is intimate, rather it is the breast area of a FEMALE child under the age of 15. The chest of a MALE child under the age of 15 is not an intimate. A female child wearing a bikini exposes most of her chest, yet the exposed chest area is not intimate.
HB451 - Stalking; venue, penalty.
I do not support any bills that criminalize folks
Please see the attached written testimony.
HB496 - Abuse & neglect; financial exploitation, changes term incapacitated adults, definitions, penalties.
On behalf of The Arc of Virginia's membership and board, we support HB496 and thank the patron for bringing forward. Words matter. This change in code from "incapacitated" to "vulnerable" adult, is not just an excersize in being sensitive, it is about ensuring that people with disabilities are respected and valued as members of our communities. Our choice of words reflect our thoughts, and I think our words also INFLUENCE our thoughts and beliefs. So The Arc of VA supports this postive step in affirming the value of every person. Thank you, Tonya Milling
HB660 - Search warrants; removes certain provisions in regard to execution of warrants.
House Bills 660 and 736 These bills are supported and are less limiting for law enforcement when serving search warrants. Unless certain elements exist under the present law, the fruits of criminal behavior are safely kept by offenders. There should not be "time out" zones for perpetrators to harbor guns, drugs and paraphernalia.
I do not support any bills that criminalize folks
Regarding HB 736 and HB 660, the VACP supports amendments to the current search warrant bill regarding the hours when search warrants are permissible. We are not calling for a wholesale repeal of the current statute, but are urging consideration to change the service hours to 6 am-10 pm. This change would bring the state's search warrant statute in alignment with Federal guidelines for when search warrants may be served without a judge or magistrate's approval. The Federal rule is listed below for reference. The impact of the current statute is creating operational challenges regarding the investigation of certain types of crimes such as Internet Crimes Against Children. Legal issues have also recently surfaced regarding the conflict for local and state detectives serving on federal task forces when warrants are executed. An extension of the hours is also in line with when the majority of people are still awake but would provide law enforcement more flexibility in conducting effective investigations and serving warrants when they deem it is safer to do so. Federal Rule 41. Search and Seizure (2) Definitions. The following definitions apply under this rule: (A) “Property” includes documents, books, papers, any other tangible objects, and information. (B) “Daytime” means the hours between 6:00 a.m. and 10:00 p.m. according to local time. (C) “Federal law enforcement officer” means a government agent (other than an attorney for the government) who is engaged in enforcing the criminal laws and is within any category of officers authorized by the Attorney General to request a search warrant.
HB713 - Family abuse; coercive control, penalty.
I do not support any bills that criminalize folks
Dear House of Delegates Courts of Justice - Subcommittee #1 Members, I would like to request that you support HB 713 (Keam) today. I have already provided personal testimony to each of your email addresses in regard to my own experience with Coercive Control and Family Abuse, but I also wanted to make a few other points as to why this bill is such important legislation that needs to be passed. Coercive control is an act of domestic violence. It is well-known in domestic violence advocacy groups that physically abusive intimate partners first engage in coercive control tactics to gain control over their victims before engaging in physical harm or strangulation. Current Virginia Code is reactive to physical domestic violence and this bill could provide a way to be proactive in preventing physical violence or homicide. Holding abusers accountable for their treatment of their victims before they are able to commit acts of physical violence could help save many lives. The majority of female homicides are caused by perpetrators of domestic violence. Most perpetrators of domestic violence have a pattern of behavior of repeatedly treating their intimate partners abusively. Providing protections from a partner who is committing coercively controlling tactics would give a victim some time and space to find a way to get back on their feet and to start healing as being in this situation often leaves victims in a mental fog for a while as they adjust to their new life. Being allowed to continue contacting, threatening, harassing, and trying to control a victim after the relationship has ended will continue without measures being put into place to stop these behaviors. Nobody deserves to be treated in this manner. This bill will save lives and it is necessary to vote in support of it. Thank you for your time.
HB736 - Search warrants; execution.
House Bills 660 and 736 These bills are supported and are less limiting for law enforcement when serving search warrants. Unless certain elements exist under the present law, the fruits of criminal behavior are safely kept by offenders. There should not be "time out" zones for perpetrators to harbor guns, drugs and paraphernalia.
Regarding HB 736 and HB 660, the VACP supports amendments to the current search warrant bill regarding the hours when search warrants are permissible. We are not calling for a wholesale repeal of the current statute, but are urging consideration to change the service hours to 6 am-10 pm. This change would bring the state's search warrant statute in alignment with Federal guidelines for when search warrants may be served without a judge or magistrate's approval. The Federal rule is listed below for reference. The impact of the current statute is creating operational challenges regarding the investigation of certain types of crimes such as Internet Crimes Against Children. Legal issues have also recently surfaced regarding the conflict for local and state detectives serving on federal task forces when warrants are executed. An extension of the hours is also in line with when the majority of people are still awake but would provide law enforcement more flexibility in conducting effective investigations and serving warrants when they deem it is safer to do so. Federal Rule 41. Search and Seizure (2) Definitions. The following definitions apply under this rule: (A) “Property” includes documents, books, papers, any other tangible objects, and information. (B) “Daytime” means the hours between 6:00 a.m. and 10:00 p.m. according to local time. (C) “Federal law enforcement officer” means a government agent (other than an attorney for the government) who is engaged in enforcing the criminal laws and is within any category of officers authorized by the Attorney General to request a search warrant.
HB744 - Killing the fetus of another; guilty of manslaughter, penalties.
My Delegate: Schuyler Van Valkenburg Greetings. My name is Heather Massey and I’m a resident of Glen Allen. I appreciate the opportunity to share my thoughts with you about an important legislative issue. As a Virginia resident who strongly believes that healthcare is a personal matter and who has benefited from decades of access to legal, unrestrictive reproductive healthcare, I’m writing in opposition to HB744. I oppose this bill because of its intrusive and destructive nature: not only would it be used to control pregnant people and people who have miscarriages, it would criminalize them as well. I’m a person with a uterus who needed to terminate a pregnancy at a young age because I was too poor to properly raise a child. Having access to a full range of reproductive healthcare was a major factor in my ability to prepare for a time later in life when I eventually acquired the full resources I needed to raise a child without having to constantly worry about having enough money. I value having had that kind of safety net because it gave me control over my own life every step of the way. Everyone with a uterus in this state is entitled to the same control and choices I had. It’s crucial that we protect the progress Virginia has made on reproductive healthcare access and I appreciate the excellent work you’ve done so far as my Delegate. This progress is especially important for the most marginalized of Virginians, all of whom deserve access to a full range of reproductive healthcare that doesn’t impinge in any way on their personal rights. Therefore, I urge you to please oppose HB744. Thank you for your time and consideration of this important matter.
Good morning. My name is Elena Malkov, and I am a resident of Richmond, Virginia. My Senator is Ghazala Hashmi. My Delegate is Dawn Adams. I am testifying today in opposition of HB744. Threatening abortion providers with a voluntary manslaughter charge is a horrific way to prevent Virginians from accessing basic healthcare in a safe manner. Criminalizing abortion will not prevent the procedure from being done, but it will increase the number of unsafe, illegal abortions. The Virginia government should not interfere with the right of its citizens to receive the medical care they need. I urge you to support the rights of pregnant Virginians and their medical providers by opposing HB744.
I do not support any bills that criminalize folks
The ACLU of Virginia strongly opposes House Bill 744 (HB744) because of the potential for criminalizing personal, private reproductive healthcare choices and adding charges for accidents when someone does not know an individual is pregnant with little to no benefit to public safety. We are deeply concerned with the implications this bill would have for a pregnant person’s ability to choose reproductive care that best fits their needs. Such limitations may infringe upon an individual’s constitutional right to privacy, equal protection, and due process. For example, many parents and pregnant people prefer to hire midwives to deliver their baby in the comfort of their homes. However, under this bill, a midwife would be charged with manslaughter if a woman gives birth at home with the midwife contrary to a doctor’s order – regardless of the circumstances. Every person who becomes pregnant struggles through mounds of information, social pressure and judgment, including medical advice from multiple and occasionally dissenting providers, in a sincere effort to make sound choices about their pregnancy. Thus, HB 744 potentially criminalizes them for decisions made in good faith or make it harder for them to seek the reproductive healthcare that fits their needs. It is a tragedy anytime a pregnant person loses a pregnancy due to the criminal actions of another. But our legal system already punishes that person for their crimes. A pregnant person in Virginia already has recourse that respects their agency and autonomy. Virginia Code § 8.01-50(B) provides for a civil tort action against a tortfeasor who causes a fetal death, as defined in § 32.1-249, by his wrongful act, neglect, or default. The physical and psychological injuries ultimately fall on the person losing a pregnancy, not on the fetus. The current law is sufficient in holding the wrongdoer accountable without potentially infringing on the pregnant person’s rights as proposed in HB 744. The bill also conflicts with a fundamental principle of criminal law, which holds that knowledge of the underlying fact that renders one's act subject to penalty is essential to conviction. Yet, under this bill, a person could be held criminally responsible for the death of a fetus even if the person did not know, and had no reason to know, that the person was pregnant. It is for these reasons we oppose HB 744 and urge you to vote “no.”
Please keep choices available for women to terminate unwanted pregnancies.
HB993 - Unlawful hazing; amends definition, civil and criminal liability, penalties.
Are you going to get to hazing bill? It seems to have been passed over ???
I AM WIDELY KNOWN AS AN EXPERT IN THE WORLD OF HAZING. I MYSELF WAS A FRATERNITY MEMBER IN COLLEGE. I WAS HAZED AND HAZED OTHERS. I AM NOW A FILMMAKER AND RECENTLY DIRECTED A DOCUMENTARY ABOUT A HAZING INCIDENT IN WHICH UNFORTUNATELY A BOY DIED, JUST LIKE ADAM OAKES DID IN VIRGINIA. I ALSO RECENTLY FINISHED DIRECTING A 6 PART TV SERIES WITH CBS & SEE IT NOW STUDIOS ABOUT HAZING AS WELL. I KNOW WHAT HAPPENS AT THESE FRATERNITIES ALL TOO WELL FOR THE PAST 5 YEARS I HAVE DEDICATED MY LIFE TO TRY TO RAISE AWARENESS AND REFORM THE GREEK SYSTEM HAZING IS NOT AN ACCICENT HAZING IS PRE-MEDITATED HAZING NEEDS A CLEAR DEFINITION HAZING NEEDS TO BE A FELONY THE # 1 REASON WHY WE HAVE SEEN AN UP TICK IN HAZING RELATED DEATHS IS BECAUSE THERE IS A LACK OF CLARITY OF WHAT HAZING IS AND THE LACK OF ACCOUNTABILITY FOR THOSE WHO PARTICIPATE IN THESE ACTIVITIES I FULLY SUPPORT THIS BILL AND URGE YOU TO PASS THIS SO NO ONE ELSE NEEDS TO ENDURE THE PAIN THAT THE OAKES FAMILY AND SO MANY OTHERS HAVE ENDURED THANK YOU
I would like to speak at the hearing. I am an expert in the field of hazing and have interesting information and insight as to why this bill is essential to the safety of our children
Hazing is an extremely serious crime and I am urging you to pass HB993. I am a filmmaker and considered an expert in the filed of hazing (I have directed a documentary film and a TV series on the subject). I have been studying this area full time for 5 years now and it is increasingly becoming more out of control. We need laws to protect our kids! Adam Oakes died in your state because of senseless acts and a lack of laws to prevent crimes like this!! You can help make sure this does not happen to anyone else. Please start by passing HB993 and let's create more transparency and accountability across the board. Thank you
I urge you to vote yes to HB 993 and make hazing a felony in the state of Virginia.
HB1015 - Protective orders; workplace violence.
I would appreciate if you take in consideration my thoughts on these bulls especially 1080. This would harm innocent children and families their are 13,000 children on sex offender registries in Virginia...What do you plan to do with them their parents can go in a shelter but a child is excluded. Also a single parent who has a requirement to register stays outside and children are took inside unattended. Please consider this bill as not a wise choice
I oppose multiple bills that have made it to the house the one bill regarding Emergency Sex Offenders is the most absurd bill I have ever heard in my life. No one is going to be worried about sexual offending in a State of Emergency number one. For example Dad is on a registry and he has three children who are accepted inside without supervision while dad is kept outside in the storm or natural catastrophe. When you pass bills like this your punishing innocent children and families. What about people who committed murder or child abusers are they treated the same? You Senators and delegates got this wrong and this is harmful to innocent families and children. Now let's talk about the 13,000 children on Sex Offender Registries in Virginia some as young as 7 years of age so Mom , Dad and entire family is allowed in but the child is made to stand outside during a castophre alone and sacred while his or her family are allowed inside these laws are based off fear and gives a false sense of security to the general public. Sex Offense is to broad, urination in public is a registable offense as a Violent Sex Offender, Reprorting a Sex Crime will land you on a Violent Sex Offender Registry such is my sistuation. Please reconsider the harm the harm of this bill
This should be linked with HB 572 as well. I am a father who has been taken advantage of by the system for the sole reason that he left the mother. No amicable resolution was possible, and no had to force me to support my child; I did so voluntarily and thoroughly, paying well over $1,000 a month on a schoolteacher's salary. Did the court force the mother to respect the visitation and custody arrangement she had agreed to? No. They enabled her, made excuses for her, and consistently prioritized her needs over the child's. I fought both the ex and the court so my daughter could see me. The court consistently gave more visitation hours, only to refuse to enforce them, effectively depriving me of all visitation. Years later, in 2018, I was accused of and wrongly convicted of a felony and was unable to pay. Boy, did the law come down on me! I had to liquidate retirement to pay back child support, with interest. Even when the formula changed in 2014, they came back at me, and I paid. I paid for all autism treatments prior to that. I had to work 5 jobs, while my ex worked 5-10 hours per week. In 2020, the court decided that it didn't matter that I can't find employment due to my felony, or that I was underemployed. I had to create a miracle somehow. Now, you are about to hand them another cudgel with which to beat fathers like me. There should be no interest whatsoever; this serves not to compensate the child, but a particularly vicious brand of mother. The interest cessation should be retroactive in some fashion.
I'm a volunteer with Moms Demand Action for Gun Sense in America, and I support this bill.
HB1077 - Paternity; genetic tests to determine parentage, relief from paternity, certain actions, penalty.
The fact that a person is able to claim another person to be the father of her child without proof is inexplicable. Men should have the understanding, opportunity, and upmost permission to test their paternal obligation. DNA tests that test for paternity are exceptionally quick, cheap, and noninvasive. I have known too many men that have lost tens of thousands of dollars to falsified paternity claims. Furthermore, there is nothing punishing mothers who lie about paternity. The ability to test for DNA means nothing should be left to chance. People who intentionally lie about paternity are creating a significant financial burden (intentionally) for the non-father. This is stealing with an extra step. I support HB1077 to the fullest extent. Test for paternity and allow innocent men a chance to save tens of thousands of dollars.
Please move to report HB1077.
I do not support any bills that criminalize folks
Please support HB 1077 Paternity; genetic tests to determine parentage, relief from paternity, certain actions, penalty. This bill is reasonable, rational, and necessary legislation to help put an end to the prevalence of paternity fraud in Virginia. The issue of paternity fraud is not new, and not difficult to detect and prevent, yet legislation has failed to help put an end to the injustice. HB 1077 is the legislation needed to deter persons from making knowingly false statements. And with DNA tests available for less than $100, an alleged father of a child should, at minimum, be given the opportunity to request the administering of this inexpensive and conclusive test. Historically, injustices occurred because there simply wasn’t the science to support or deny the claim of paternity, but in the year 2022 we have good science and there is no longer an excuse for paternity injustice. These reasons are more fully explained in the attached analysis titled, “The Innocent Third Party: Victims of Paternity Fraud.” HB1077 should be supported.
HB1222 - Driver's licenses; revocation, completion of specialty dockets.
I do not support any bills that criminalize folks
I oppose multiple bills that have made it to the house the one bill regarding Emergency Sex Offenders is the most absurd bill I have ever heard in my life. No one is going to be worried about sexual offending in a State of Emergency number one. For example Dad is on a registry and he has three children who are accepted inside without supervision while dad is kept outside in the storm or natural catastrophe. When you pass bills like this your punishing innocent children and families. What about people who committed murder or child abusers are they treated the same? You Senators and delegates got this wrong and this is harmful to innocent families and children. Now let's talk about the 13,000 children on Sex Offender Registries in Virginia some as young as 7 years of age so Mom , Dad and entire family is allowed in but the child is made to stand outside during a castophre alone and sacred while his or her family are allowed inside these laws are based off fear and gives a false sense of security to the general public. Sex Offense is to broad, urination in public is a registable offense as a Violent Sex Offender, Reprorting a Sex Crime will land you on a Violent Sex Offender Registry such is my sistuation. Please reconsider the harm the harm of this bill
HB1356 - Fentanyl; selling, giving, etc., to another person, penalties.
Please move to report HB1356, HB212, HB304.
HB123 - Firefighting, emerg. medical services, or law-enforcement equipment & vehicles; destroying, penalty.
Destroying public safety equipment/emergency vehicles is detrimental to the ability to provide the most basic life-saving assistance. From May thru the late summer of 2020, our capital city had police cars set ablaze, windshields smashed, doors repeatedly kicked, firefighters and EMS providers interrupted with violence while in or around their vehicles. Damaging this equipment has nothing to do with free speech or the right to assemble. Placing this equipment out of service for repair, or declared a total loss, leaves our most vulnerable citizens without timely protection. This behavior is felonious when it is less than $1,000 and should be made a class 6 felony.
I do not support any bills that criminalize folks
Comments Document
This written testimony expresses the Virginia State Firefighters Association support for HB 123, and provides insight to the risks and consequences that the bill is intended to prevent and deter.
Because EMS vehicles carry a number of very expensive medical equipment and drugs makes them prime targets for stealing and/or damaging EMS vehicles in order to gain access to steal these items. It does not matter how much damage is done in gaining access. The thief or perpetrator could very easily do $50,000.00 in damages and theft to an ambulance. Moreover, theft could occur to fire equipment by gaining access to compartments that carry small hand tools to large power tools that could bring a large price in the "hot" market for tools, etc. The need for a strong sentence for damage and theft from fire and EMS vehicles is needed to cut down on this. A major concern is the fact that during the course of a year it is not unheard of where an ambulance is stolen from the area of a hospital emergency department. The 3 agencies listed above ask that that this bill pass and the penalties be increased. Thank you.