Public Comments for 01/25/2023 Courts of Justice - Criminal
HB1374 - Civil action for trafficking in persons; charge or conviction not required.
No Comments Available
HB1429 - Public defender; supplementing compensation.
No Comments Available
HB1435 - Revocation of suspension of sentence and probation; hearing, sentencing.
Last Name: Achin Organization: MANY INCARCERATED and H.E.A.L. -Virginia Locality: Prince William County

RE: HB 1435 - PRO -I am in favor of this bill, running sentences concurrently. However, this should be taken up AFTER HB 2013 and 2230. HB 1960 - I am PRO eliminating mandatory minimums. Last year, when I sparred with Del Holt on this matter, he challenged me to provide proof that mandatory minimums did not work. i provided a copy of the Brennan Center study-- https://www.brennancenter.org/our-work/analysis-opinion/end-mandatory-minimums within minutes. No study says this works. PLEASE REPEAL MANDATORY MINIMUMS. HB 2013, 2230 - CON -- Both bills once again advanced this session, seek to suspend sentences on 'technical' violations, and to redefine technical to essentially mean whatever the probation officer wants. Example, in 2021, my probation officer determined that I must be wanting to have sex with minors (never mind I was falsely convicted though I plead NOT guilty). Why? Because I was in a hotel's business office at 6 am legally using a computer to apply for a job. I was arrested again, this time claiming I was trying to have sex in a park. Why ? A vigilante group accosted me there, filed a report, and were upset because I was out of jail on appeal, and so they accused me of looking for illicit sex in the park. I was, in fact, jogging. The current system puts the burden of proof on the CW, where it should be, and where the real burden should be. The CW has too much authority now, but repealing this bill, and reimagining both bills to punish greater, does nothing for liberty, nothing for justice, over-trusts the judicial system to do the right thing, where they have failed over and over and over again. VOTE NO

HB1478 - Crimes by gangs; expands definition, penalties for gang crimes.
No Comments Available
HB1572 - False emergency communication to emergency personnel; false information, penalties, report.
Last Name: Neil Organization: City of Portsmouth Locality: Hampton

The City of Portsmouth supports these bills as will be amended in subcommitte today. We ask that you please pass the bill as amended. Thank you

HB1613 - False emergency communication to emergency personnel; penalties, report.
Last Name: Neil Organization: City of Portsmouth Locality: Hampton

The City of Portsmouth supports these bills as will be amended in subcommitte today. We ask that you please pass the bill as amended. Thank you

HB1673 - Suffocation by blocking or obstructing the airway of another; penalty.
Last Name: Ross Organization: Inmate Support Virginia Locality: Virginia Beach

I don’t see Bill HB1603 listed however it left subcommittee to report to full committee! I want to make sure OUR VOICES ARE HEARD We have over 1400 hundred members and I’ve spoken to other organizations and non profit and my neighbors! That agree with us this is bad legislation and people All people deserve the chance to earn a chance to EARN EXTRA CREDITS TO HOME HOME SOONER! Please vote NO ON HB1603 and remember keeping people in prison longer do not make for safer communities, incentivizing those inside our prison walls, help people and encourage them to rehabilitate themselves to earn the chance to come home to their family sooner and be productive citizens in the state of Virginia, instead of wasting, yes, wasting precious taxpayers dollars keeping those no longer considered a threat to society or two Public Safety behind our prison walls! Thank you

HB1792 - Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.
No Comments Available
HB1885 - Organized retail theft; establishes as a crime, report, penalty.
Last Name: Carrico Organization: Virginia State Police Association Locality: Richmond Virginia

The VSPA has been involved with the study of how retail businesses have suffered through the crimes being committed against them and is in full support of this legislation

HB1897 - Protective orders; extensions and continuances, other monetary relief, penalty.
No Comments Available
HB1960 - Felony offenses; elimination of mandatory minimum sentences.
Last Name: Achin Organization: MANY INCARCERATED and H.E.A.L. -Virginia Locality: Prince William County

RE: HB 1435 - PRO -I am in favor of this bill, running sentences concurrently. However, this should be taken up AFTER HB 2013 and 2230. HB 1960 - I am PRO eliminating mandatory minimums. Last year, when I sparred with Del Holt on this matter, he challenged me to provide proof that mandatory minimums did not work. i provided a copy of the Brennan Center study-- https://www.brennancenter.org/our-work/analysis-opinion/end-mandatory-minimums within minutes. No study says this works. PLEASE REPEAL MANDATORY MINIMUMS. HB 2013, 2230 - CON -- Both bills once again advanced this session, seek to suspend sentences on 'technical' violations, and to redefine technical to essentially mean whatever the probation officer wants. Example, in 2021, my probation officer determined that I must be wanting to have sex with minors (never mind I was falsely convicted though I plead NOT guilty). Why? Because I was in a hotel's business office at 6 am legally using a computer to apply for a job. I was arrested again, this time claiming I was trying to have sex in a park. Why ? A vigilante group accosted me there, filed a report, and were upset because I was out of jail on appeal, and so they accused me of looking for illicit sex in the park. I was, in fact, jogging. The current system puts the burden of proof on the CW, where it should be, and where the real burden should be. The CW has too much authority now, but repealing this bill, and reimagining both bills to punish greater, does nothing for liberty, nothing for justice, over-trusts the judicial system to do the right thing, where they have failed over and over and over again. VOTE NO

HB2013 - Probation, revocation, and suspension of sentence; penalty.
Last Name: Achin Organization: MANY INCARCERATED and H.E.A.L. -Virginia Locality: Prince William County

RE: HB 1435 - PRO -I am in favor of this bill, running sentences concurrently. However, this should be taken up AFTER HB 2013 and 2230. HB 1960 - I am PRO eliminating mandatory minimums. Last year, when I sparred with Del Holt on this matter, he challenged me to provide proof that mandatory minimums did not work. i provided a copy of the Brennan Center study-- https://www.brennancenter.org/our-work/analysis-opinion/end-mandatory-minimums within minutes. No study says this works. PLEASE REPEAL MANDATORY MINIMUMS. HB 2013, 2230 - CON -- Both bills once again advanced this session, seek to suspend sentences on 'technical' violations, and to redefine technical to essentially mean whatever the probation officer wants. Example, in 2021, my probation officer determined that I must be wanting to have sex with minors (never mind I was falsely convicted though I plead NOT guilty). Why? Because I was in a hotel's business office at 6 am legally using a computer to apply for a job. I was arrested again, this time claiming I was trying to have sex in a park. Why ? A vigilante group accosted me there, filed a report, and were upset because I was out of jail on appeal, and so they accused me of looking for illicit sex in the park. I was, in fact, jogging. The current system puts the burden of proof on the CW, where it should be, and where the real burden should be. The CW has too much authority now, but repealing this bill, and reimagining both bills to punish greater, does nothing for liberty, nothing for justice, over-trusts the judicial system to do the right thing, where they have failed over and over and over again. VOTE NO

Last Name: Jesse Organization: Safer Virginia Locality: Richmond

HB 2103 is a horrifying bill that does nothing except shunt people back into jails and prisons. It removes judicial discretion for whether or not a suspended sentence should be revoked, meaning that judges can no longer use their more nuanced understanding of the circumstances and personalities to craft a reasonable and just decision. Perhaps most frightening is the addition of subsection (G) to § 19.2-306, which defines what a “technical violation” is in the most draconian ways. Without doubt, this will end up with otherwise model probationers being tripped up by technicalities that then cost them their freedom. The most concerning of these are the nebulous ones that provide no objective criteria for ensuring compliance, e.g., “(ii) maintain regular employment. . .;” or “(ix) a good behavior violation that did not result in a criminal conviction.” We urge the committee to vote “No” on this bill.

HB2037 - Public defender; supplementing compensation.
No Comments Available
HB2044 - Criminal and traffic cases; fines and costs assessed against juveniles, report.
Last Name: Fitzpatrick Locality: Greensboro North Carolina

I would like for you to hear me please. I was molested at the age of 5 years old, because my mother wanted her drugs amd men more than me. I was 10 years when I started using drugs and alcohol. By 11 I was told by my grandmother where my mom was so I Hitch hike from. CHICAGO to Cleveland to find her. I dropped out of school in the 6th grade the streets taught me how to read and write. The state trooper picked me up and did a APB for my mom. When found she told them that's not my child you can do whatever you want with her. Now I'm homeless, on drugs amd my parents doesn't want me. I remember being in that bathroom when a GROWN man forced me on my knees and said to me " You're not a little girl anymore you are a grown woman. For 2 weeks in that apartment all the men had their way with me. Now I was being sexually exploited. For 31 years I lived this way. I walked around with 8 pairs of socks because I never had any shoes. My childhood was taken away from me. I can never get that back. There are so many young kids out there who can be saved save them. As of August 6th 2010 which is my date of Grace 2019 I got my High school diploma, graduated college with my associates degree in social work in 2022, I am a publisher author of 31 Years in the Desert, many accomplishments. I will never be able to have children physically this is another reason I stand and not be silent. After 31 Years of hell I walk with my head held high. Something needs to be done to the sex traffickers, not the victims. Why should we be punished with felony records, can't get housing in a neighborhood like you live in. I had to pay double rent because I had prostitution charges. Where is the justice? I hope whoever reads this finds it in their hearts to make the right decisions moving forward. Thank you Castanita Fitzpatrick A Butterfly Gets Her Wings Back LLC. 214.535.3034 abutterflygetsherwings@gmail.com

Last Name: Hutchinson Organization: VSC NAACP Locality: RICHMOND

The Virginia State Conference NAACP opposes this bill. It is wrong to place fees of court appointed attorney on the families of youth who have been declared indigent. It doesn't matter when those fees are assessed, whether the beginning or end of the case, the burden to the family still remains. We know most of the court cases involving our youth involve crimes due to the systemic issue of lack. Lack of affordable and quality housing, Lack of a quality education, Lack of economic opportunities, Lack of financial security, etc... Fees are the operating costs of a court system. These operating costs have already been paid by Virginia and localities. Virginia is a very diverse state, not just racial or ethnic diversity but also diversity of economic status. The cost of attorney fees for a family in SW VA may be a higher burden than for a family in NOVA and vice versa. The only true way to address the disparity is to end charging families of indigent youth for a constitutionally protected right to representation. This bill does not address the disparities for families but leaves it up to court discretion and will only add to the issues at hand. Removing the part of the bill that is attempting to create the illusion of addressing the financial burden for indigent families would improve the bill enough to gain our support. Leaving the youth fines portion in this bill causes us to firmly oppose this bill

HB2186 - Trespass; other person lawfully in charge of the property includes maint. code official of locality.
Last Name: Burcher Organization: City of Roanoke Locality: Richmond

The City of Roanoke fully supports HB 2186 as a very helpful tool to assist our cities deal with public safety issues surrounding derelict properties.

Last Name: CHITTUM Organization: CITY OF ROANOKE Locality: ROANOKE CITY

The City of Roanoke supports HB2186 as substituted. The City is interested in this tool for code enforcement and law enforcement which will enable "no trespassing" posting on derelict properties where the owner cannot be found or is absentee. Occupancy of derelict structures by unauthorized persons introduces a variety of community safety concerns that extend beyond the specific property involved (e.g., structure fires, attractive nuisance).

Last Name: Schrad Organization: Va. Assn. of Chiefs of Police Locality: Glen Allen

The Virginia Association of Chiefs of Police fully supports HB 2186. It is not uncommon for properties that are abandoned or not maintained to end up as drug dens, and localities have been forced to institute blighted property proceedings. HB 2186 is a measure which at least gives law enforcement the authority to remove trespassers and reduce the threat of criminal activity.

Last Name: Bateman, L. Organization: City of Roanoke Locality: Richmond

There is a Substitute to HB 2186 that incorporates suggestions from the Virginia Association of Realtors and some excellent feedback on an issue that unfortunately many of our cities are experiencing ….. that is, people trespassing and/or squatting in vacant structures on private property, despite signs indicating that these properties are “unsafe” or “unfit” and to “keep out.” Currently, the only mechanism available to the City, when the property owner is not available or not involved, is to issue a notice of violation, but the trespassing/squatting individuals are very difficult to find and give notice. The City needs an enforcement mechanism whereby it can give the police the authority to bar trespassers/squatters from the property when the owners are not available or not involved. The proposed substitute includes removing “county, city, and town”/local government out of “lawfully in charge…..” and instead would allow a locality’s maintenance code official to make an official determination that a specific vacant structure is derelict and to then post one or more No Trespassing signs. The Virginia Chiefs of Police are supportive of this amendment saying, “We are very supportive of HB 2186 ---- Some of these properties end up becoming drug dens, and localities have been forced to institute blighted property proceedings. HB 2186 is a stop gap measure which at least gives law enforcement the authority to remove trespassers. The Southern States Police Benevolent Association said that they are neutral on the bill.

HB2230 - Parolee or felon; arrest & return when serving a period of postrelease supervision.
Last Name: Achin Organization: MANY INCARCERATED and H.E.A.L. -Virginia Locality: Prince William County

RE: HB 1435 - PRO -I am in favor of this bill, running sentences concurrently. However, this should be taken up AFTER HB 2013 and 2230. HB 1960 - I am PRO eliminating mandatory minimums. Last year, when I sparred with Del Holt on this matter, he challenged me to provide proof that mandatory minimums did not work. i provided a copy of the Brennan Center study-- https://www.brennancenter.org/our-work/analysis-opinion/end-mandatory-minimums within minutes. No study says this works. PLEASE REPEAL MANDATORY MINIMUMS. HB 2013, 2230 - CON -- Both bills once again advanced this session, seek to suspend sentences on 'technical' violations, and to redefine technical to essentially mean whatever the probation officer wants. Example, in 2021, my probation officer determined that I must be wanting to have sex with minors (never mind I was falsely convicted though I plead NOT guilty). Why? Because I was in a hotel's business office at 6 am legally using a computer to apply for a job. I was arrested again, this time claiming I was trying to have sex in a park. Why ? A vigilante group accosted me there, filed a report, and were upset because I was out of jail on appeal, and so they accused me of looking for illicit sex in the park. I was, in fact, jogging. The current system puts the burden of proof on the CW, where it should be, and where the real burden should be. The CW has too much authority now, but repealing this bill, and reimagining both bills to punish greater, does nothing for liberty, nothing for justice, over-trusts the judicial system to do the right thing, where they have failed over and over and over again. VOTE NO

Last Name: Aaron Hutton Locality: Montgomery county

Hi

HB2241 - Human services workers; assault and battery, penalty.
No Comments Available
HB2330 - Assault and battery; public transportation service vehicle operators, penalty.
No Comments Available
HB2360 - Firearms; use or display when committing a felony, increases mandatory minimum sentences, penalty.
Last Name: Nicholls Locality: Chesapeake

People should have mandatory minimums for not being responsible with firearms.

HB2410 - Involuntary temporary detention; termination of a period of detention.
No Comments Available
HB2411 - Attorney fees; emergency custody and voluntary and involuntary civil admissions, increases fees.
No Comments Available
HB2448 - Arrest without warrant authorized in certain cases; powers of arrest, private police officers.
Last Name: Wells Organization: Lake Monticello Police Department Locality: Palmyra

I urge you all to pass this bill. This is not an expansion of police powers, but a housekeeping measure within the intent of the original legislation passed in 2015. It does not extend the scope of authority beyond what these DCJS approved agencies have done for over 20 years. Private police provide a valuable community service with no cost to the Commonwealth. Passing this bill would help clarify that private police can continue to combat drunk driving and intimate partner violence.

Last Name: Schrad Organization: Va. Assn. of Chiefs of Police Locality: Glen Allen

HB 2448 is strongly supported by the Virginia Association of Chiefs of Police. When Virginia authorized private PDs about 12 years ago, the power of warrantless arrest was supposed to be included since they are fully certified LEOs and their agencies are fully authorized police departments by the General Assembly. We consider this a clean up bill to ensure that their warrantless powers of arrest are clear in the Code. This applies to departments like Kingsmill PD, Wintergreen PD, Aquia Harbor PD, Bridgewater Airpark PD, Lake Monticello PD, and Babcock and Wilcox (BWX) PD. Ironically, our private campus police departments already have this authority, so these private authorized police departments are no different. These officers are subject to certification and decertification standards and meet all training requirements of all other law enforcement officers in Virginia. No other private police departments can be created without General Assembly authorization. Please support HB 2448.

HB2466 - Probation; possession of controlled substance by confidential informant.
No Comments Available
HB2474 - Adults charged with a criminal offense punishable by incarceration; collection & reporting of data.
No Comments Available
End of Comments