Public Comments for 01/28/2022 Courts of Justice - Criminal
HB79 - Traffic offenses, certain; issuing citations.
I do not support any bills that criminalize folks
On behalf of our volunteers and members, the Virginia Black Leadership Organizing Collaborative strongly oppose HB 79, HB 122, and HB 759, and would ask that you vote NO on these bills. These bills would disproportionately affect black & poor citizens. Data released by the Virginia Community Policing Act shows that black drivers are the only racial or ethnic group in the state that are stopped by police at a higher rate than their share of the population. Black drivers are also more likely to be pulled over for minor offenses such as equipment violations. We believe that because black constituents are the most affected, they have the right to have a say in bills that would repeal the provisions made since 2020 to stop police officers from engaging in these minor stops. Limiting interactions between law enforcement and citizens saves bodily and monetary resources and increases the safety of officers who face uncertain situations whenever they pull over any vehicle. It also increases the safety of black drivers whose lives are at risk whenever they are pulled over by a police officer as we have seen in too many cases where excessive and/or deadly force was used in these sorts of traffic stops. Finally, reinstating the provision that states law enforcement may stop, seize, and search based upon marijuana odor contradicts the widely lauded legalization of marijuana in Virginia creating the potential for scenarios where someone who doesn’t even partake in marijuana consumption or partakes in a legal amount, could still be subject to invasive (at the very least) searching. For all the reasons stated above, please vote NO on HB 79, HB 122, and HB 759. Thank you so much for your consideration, hard work, and service to the Commonwealth.
I strongly oppose HB 79. This bill is an effort to further entrench racist policing.
Please pleas be peaceful, show mercy, be fair, do not revert to aggressive policing. Do not support HB79. Also 122 0r 759 Criminal justice reform is non partisan, I have been a republican for years. I support the landmark legislation that limits pre textual stops. I want to reduce any race-based traffic stops. I have bi-racial grandchildren who are peaceful, but at risk if you allow pre textual stops. Allow them the freedom to move about unharassed by police who want to more aggressively policing brown people. It lead to great injustice. Criminal justice should not be political. Have mercy!
I am writing to you to request you strongly oppose HB 79 and any other HB that may go against legislation passed and that took effect on March 1st, 2021 that limits race-based traffic and pedestrian stops. The current legislation is what the Commonwealth of Virginia needs in order to be considered fair and just to all. Racially based stops have no place in our Commonwealth, and in our nation as a whole. Having the current legislation in place ensures that all Virginians can feel safe and not feel like he or she will be discriminated against by our law enforcement officers here in the Commonwealth. Former laws allowed law enforcement officers to utilize pre-texual stops to unjustly search Virginians, disproportionately stopping and searching more Black and Brown citizens of the Commonwealth. Under the current law, this disproportionate number of stops for Black and Brown Virginians is decreasing, meaning the current law is working. Please continue to allow the current law to make our Commonwealth a more fair, equal and just place by opposing HB 79 and similar HBs like HB 122 and HB 759.
I strongly oppose this legislation. Long overdue strides are being made to stop the disparate treatment of low income individuals and people of color and we cannot allow those efforts to be reversed.
I am in strong opposition to HB 79. On March 1, 2021 legislation went into effect in Virginia limiting racist pretextual stops and searches. Data already shows racial disparities in traffic stops are decreasing. Please don't undo Virginia's progress on making our criminal justice system more just. Thank you.
I am writing the House of Delegates to strongly urge that they block the repeal of laws banning pretext traffic stops for minor infractions (HB79, HB122, and HB759). Repealing these laws will put minorities in danger of being stopped and wrongfully detained. I know this to be true because it happened to one of my good friends from college. She was pulled over, arrested and detained, later released and left stranded to figure out a way to get home. The prosecutor in her locality found that the state trooper had no legal basis for stopping her and pulling her from her car. This incident was unacceptable and left me feeling unsafe to drive at night. Police officers are supposed to make everyone feel safe and protected. No group should be left to worry if they will survive a traffic stop. Please consider the weight of this decision and remember that you serve ALL Virginians. ALL Virginians deserve to feel safe, be treated with dignity and respect; not presumed guilty of wrong doing.
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Repealing these bills will not keep the innocent, safe. It was the ones selected that ultimately saved my friends life and livelihood, due to a state trooper who violated her rights and these bills, making false claims. These bills and the dashcam footage allowed her at minimum, maintain her already clean record. Do not repeal.
I am not sure why any honest, moral, and decent human being, would want to stop law abiding citizens for no good reason. The fact that we need laws to protect citizens from dishonest law enforcement personnel is a disgrace in its own right. These laws should not be repealed.
Repeal this bill. The loud mufflers disturb the neighborhoods and destroy the peace in our neighborhoods. They serve no purpose
Allowing pretext traffic stops for minor infractions will victimize innocent citizens and create opportunity for more racially biased injustice, like these: https://www.nbcnews.com/news/us-news/prosecutor-no-legal-basis-virginia-state-trooper-stop-black-woman-n1267018
The Virginia Sheriffs Association supports HB 79 and HB 122 to revert secondary offenses to primary offenses. Law enforcement officers must be able to enforce the traffic laws to keep the roads safe. The Virginia Sheriffs Association opposes HB428. Requiring the probation office to be notified undercuts the confidentiality of the informant and both jeopardizes the investigation and puts the informant's safety at risk. As well, eliminating "recent" violators from becoming informants fails to recognize that often informants can be adjudicated in violation, sentenced and want to begin to work shortly after the violation. This bill significantly hampers law enforcement safe and effective use of confidential informants.
Honored legislators, I and my family do NOT support attempts to go backwards on civil rights and justice. We must stay the course on ending racial profiling in traffic stops and other law enforcement activities. If we are to have a just, democratic society, we must end racial bias in the law enforcement area first and foremost. As a former Fairfax County dispatcher, I understand the problem; racial profiling does terrible damage in relations between the police and the public, and does nothing to improve public safety. We've ended racial profiling, we must stay course. Respectfully, Dr. Rebecca Goolsby
Please do not pass HB79. Traffic stops are dangerous both for law enforcement and for the citizens being pulled over, and officers should not be creating that risk by pulling people over solely for things like improper exhaust or objects hanging from rear view mirrors. Also, this bill would not make anyone safer. For example, in Fairfax County, crime has fallen significantly since the passage of laws prohibiting the types of stops this bill seeks to reintroduce. There are still countless traffic laws whose violation justifies a stop. There is no need to repeal the progress made last year, especially when those pulled over for the reasons this bill would authorize tend to be poor and racial minorities.
I strongly oppose these bills. Without impact to public safety, they seek to remove the recent justice improvements across Virginia. The kinds of low-level traffic stops these bills seek to bring back disproportionately affect people of color and negatively impact the Commonwealth. Race-based policing has no place in Virginia. In the first four months of SB5029/ HB5058 going into effect, the number of Black drivers who were searched fell by 40 percent, and the number of white drivers dropped by 30 percent. It's no secret that police across the country, including Virginia, have work to do to increase public trust - HB79, HB122, and HB759 don't help. They damage trust and public relationships, and they are both ineffective and inefficient: As one example, "analysis of arrest data found that weapons were discovered in about 7 percent of traffic stops in Petersburg from 2018 to 2020." [NBC News, "Police face a 'crisis of trust' with Black motorists. One state's surprising policy may help."]. See also this study, an analysis of over 24 million traffic stops in North Carolina from 2002 to 2020. It found that the encounters led to arrests about 2% of the time. Searches also rarely occurred, and when they did, weapons were discovered in one-tenth of 1% of incidents. Black people were the subjects of nearly half the stops, even though they are only 21% of the state’s population: https://fbaum.unc.edu/books/SuspectCitizens/SuspectCitizens-updated-tables-and-figures-2002to2020.pdf There simply isn't data that shows these bills will prevent crime - worse, they continue to erode public trust in police, reducing public safety.
I strongly oppose the following bill(s): HB79, HB122, HB759 that's being considered for the simple fact that these bills are racist and only target individuals within the black and brown-skinned communities. Data already shows racial disparities in traffic stops are decreasing due to key legislation that was passed in last year's General Assembly. For this legislation to want to intentionally undo that work is sad and sickening. I hope that today you will not allow these bills to pass this legislation and that this committee would help to protect the constitutional rights regardless of race that is to be freely given in this country. Black drivers are stopped disproportionately more than white drivers compared to the local population and are at least twice as likely to be searched, but they were slightly less likely to get a ticket. Help remove the idea that black drivers are stopped on the pretext of having done something wrong. Stop the stigma that exists--such as "driving while black!" and the racial disparity that occurs when traffic stops happen to blacks. Say no on bills HB79, HB122, and HB759.
This bill has allowed street racers and those with loud mufflers to pit neighbors against neighbors and to terrorize our neighborhoods. We Have street racers with loud mufflers racing our neighborhood streets, and revving their engines till 3-4 am. A couple of them have done utter destruction to our parking lots private and public defacing them with their tires. These driver are driving drunk, drinking in parking lots, driving high. The sheer number of calls for service regarding these cars has increased. We have so many people running stop signs, not stopping for police, etc. We can't have family picnics or evenings in our yards without being plagued by street racers or loud mufflers. The peace of our evenings is destroyed. I have literally watched these racers drive up and down roads and make their cars backfire, which sounds like gunshots. The number of calls to police for gunshots has increased. People are becoming terrified.
HB415 - Criminal cases; sentencing by jury.
The Virginia Sheriffs Association supports this bill. The VSA opposed the legislation permitting the election of trial by jury and sentencing by judge.
HB554 - Larceny of a catalytic converter; penalty.
Catalytic Converter Thefts Chesterfield County has seen a noteworthy increase in catalytic converter thefts over the past two years. In 2020, 178 such thefts were reported. That number increased to 516, reported in 2021. While 2020 is still early, if all things remain consistent, we are on track to experience 699 catalytic converter thefts in 2022. This increase in all the more stunning when one considers that our county experienced a double-digit drop in crime last year. We estimate the total property loss from these thefts in 2020 and 2021 to be $573,600 between 860,400. We appreciate this matter being taken into consideration and support legislation to inhibit this trend, further penalize offenders, or otherwise disrupt an emerging criminal enterprise that’s costing Virginia’s millions of dollars each year. Thank you. Respectfully, Col. Jeffrey S. Katz, Chief of Police - Chesterfield County 2nd VP, Virginia Association of Chiefs of Police
HB740 - Catalytic converters; tampering with, etc., penalty.
I do not support any bills that criminalize folks
On behalf of the nearly 3000 Independent Auto Dealers in the Commonwealth of Virginia, the Virginia Independent Automobile Dealers Association (VIADA) strong supports HB740. Catalytic Converter theft is an endemic that effects people from all walks of life and businesses both big and small.
As Chief of Police in Lexington, Virginia, I am in full support of these bills to assist law enforcement with the prevention and prosecution of offenders who steal catalytic converters. Last year in 2021, the City of Lexington experienced a substantial increase of (16) catalytic converters stolen representing a 1500% increase compared to the prior year 2020, with only (1) incident of a catalytic converter stolen. Unfortunately, we were not able to effectuate arrests in these matters but developed a group of solid suspects who were identified and stopped on multiple occasions, in the suspected crime of stealing catalytic converters, with information that these individuals were selling the stolen goods to a scrap metal purchaser in Richmond, Virginia. Since catalytic converters do not have serial numbers or identifiable marks that can be connected back to a damaged car, we were not able to garner enough probable cause to effectuate arrests on these individuals. The approval of these bills will assist with the deterrence of the crime as the offenders will not have the ability to readily sell these stolen goods and increase law enforcement’s ability to charge the scrap metal purchasers, who accept questionable property from individuals who are not authorized scrap sellers.
The theft of catalytic converters has become a major issue in our community (City of Danville). Throughout 2021, we experienced a drastic increase in the theft of catalytic converters: From January to May there were 3 Catalytic Converters reported stolen throughout the city of Danville. During the months of June, July, and August investigators noticed an increase to about 5 per month. During the months of September and October there was a drastic increase to 10 and 21 reported thefts, respectively. Concentrated efforts results in 29 felony arrests/18 mindemeanor charges. HB 740 and HB 1214 would provide our community with addtional resources to combat this crime and deter future offending.
I want to offer my support of this bill as a law enforcement professional. The problem of catalytic converter theft is one that disables vehicles and leaves vehicle owns stranded with extremely expensive repairs, some of which are not covered by any insurance.
I am writing as an executive board member of VACP and the Chief of Police in Buena Vista to show support for HB 740. I feel this bill adequately addresses the issues of larceny of vehicle parts specifically Catalytic Converters, it holds the scrap yard dealers liable for what materiel they take in it also enhances the penalties for the offender since much of the vehicle parts are not traceable but we know they were stolen.
Catalytic Converter Thefts Chesterfield County has seen a noteworthy increase in catalytic converter thefts over the past two years. In 2020, 178 such thefts were reported. That number increased to 516, reported in 2021. While 2020 is still early, if all things remain consistent, we are on track to experience 699 catalytic converter thefts in 2022. This increase in all the more stunning when one considers that our county experienced a double-digit drop in crime last year. We estimate the total property loss from these thefts in 2020 and 2021 to be $573,600 between 860,400. We appreciate this matter being taken into consideration and support legislation to inhibit this trend, further penalize offenders, or otherwise disrupt an emerging criminal enterprise that’s costing Virginia’s millions of dollars each year. Thank you. Respectfully, Col. Jeffrey S. Katz, Chief of Police - Chesterfield County 2nd VP, Virginia Association of Chiefs of Police
HB1030 - Marijuana and certain traffic offenses; issuing citations.
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 do not support any bills that criminalize folks
Virginia police have a well-established reputation for harassment of harassing motorists for “Driving While Black.” Pretextual “broken taillight” policing disproportionately targets Black and brown drivers, and these types of traffic stops can often lead to deadly outcomes. These stops contribute little if anything to public safety, and serve only to aggravate tension between police and marginalized communities. Virginia’s restrictions on pretextual policing were a model for the nation, and multiple cities and municipalities are now considering similar laws. We should be building on this successful reform rather than reversing it. Please vote NO on HB1030.
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
HB1214 - Catalytic converter; damage to motor vehicles, penalties.
I am currently a Chief of Police in the Town of Bedford. I would support this bill as it includes the increased penalty as well as some other aspects of working with the recycling industry.
As Chief of Police in Lexington, Virginia, I am in full support of these bills to assist law enforcement with the prevention and prosecution of offenders who steal catalytic converters. Last year in 2021, the City of Lexington experienced a substantial increase of (16) catalytic converters stolen representing a 1500% increase compared to the prior year 2020, with only (1) incident of a catalytic converter stolen. Unfortunately, we were not able to effectuate arrests in these matters but developed a group of solid suspects who were identified and stopped on multiple occasions, in the suspected crime of stealing catalytic converters, with information that these individuals were selling the stolen goods to a scrap metal purchaser in Richmond, Virginia. Since catalytic converters do not have serial numbers or identifiable marks that can be connected back to a damaged car, we were not able to garner enough probable cause to effectuate arrests on these individuals. The approval of these bills will assist with the deterrence of the crime as the offenders will not have the ability to readily sell these stolen goods and increase law enforcement’s ability to charge the scrap metal purchasers, who accept questionable property from individuals who are not authorized scrap sellers.
The theft of catalytic converters has become a major issue in our community (City of Danville). Throughout 2021, we experienced a drastic increase in the theft of catalytic converters: From January to May there were 3 Catalytic Converters reported stolen throughout the city of Danville. During the months of June, July, and August investigators noticed an increase to about 5 per month. During the months of September and October there was a drastic increase to 10 and 21 reported thefts, respectively. Concentrated efforts results in 29 felony arrests/18 mindemeanor charges. HB 740 and HB 1214 would provide our community with addtional resources to combat this crime and deter future offending.
The VACP and Buena Vista Police Department are in support of this bill. Making the penalty stiffer will act as a deterrent to this type of crime. Vehicle larcenies are on the rise and this bill will be an effective tool for police and prosecutors to combat this crime. It also hold the scrap metal dealers responsible for what they take into their businesses.
The VACP and Buena Vista Police Department are in support of this bill. Making the penalty stiffer will act as a deterrent to this type of crime. Vehicle larcenies are on the rise and this bill will be an effective tool for police and prosecutors to combat this crime. It also hold the scrap metal dealers responsible for what they take into their businesses.
Catalytic Converter Thefts Chesterfield County has seen a noteworthy increase in catalytic converter thefts over the past two years. In 2020, 178 such thefts were reported. That number increased to 516, reported in 2021. While 2020 is still early, if all things remain consistent, we are on track to experience 699 catalytic converter thefts in 2022. This increase in all the more stunning when one considers that our county experienced a double-digit drop in crime last year. We estimate the total property loss from these thefts in 2020 and 2021 to be $573,600 between 860,400. We appreciate this matter being taken into consideration and support legislation to inhibit this trend, further penalize offenders, or otherwise disrupt an emerging criminal enterprise that’s costing Virginia’s millions of dollars each year. Thank you. Respectfully, Col. Jeffrey S. Katz, Chief of Police - Chesterfield County 2nd VP, Virginia Association of Chiefs of Police
HB1281 - Custodial interrogations; inauthentic replica documents prohibited.
What happened in Virginia Beach is a one-off situation and is not representative of what is going on in the Commonwealth. The situation has been addressed with the agency in question. We do not train in our police academies on the approach that was used in Virginia Beach. Our primary concern is that the Code of Virginia is not the place to address every police practice. This is a matter of training and accreditation. Every time an agency’s practice is called into question should not be cause for an amendment to the Code of Virginia. We believe that the presentation of inauthentic documents is not a common or accepted practice in the Commonwealth, and does not rise to the level of concern to call for a Code mandate. We can easily assure that this is addressed through training and policy.
The VACP and Buena Vista Police Department feel that this is an unnecessary bill at this time. The genesis of this bill stem from Virginia Beach and how their investigators were conducting interviews. This matter was identified and handled by the department. These type of interview techniques are not the industry standard. This was a unique (to Va Beach PD) situation and in 30 years of policing was the first time that I am aware of where detective used false physical evidence to garner a confession. The policing industry does not support these of of interview applications but we do not need a new law every time a mistake is made. Problem identified and problem rectified.
HB51 - Damage to motor vehicles; penalties.
I do not support any bills that criminalize folks
The Virginia Sheriffs Association supports this bill. Catalytic converter theft is a growing enterprise impacting communities across the Commonwealth.