Public Comments for 01/13/2023 Courts of Justice - Criminal
HB1365 - Admission to bail; rebuttable presumptions against bail.
Last Name: Nelson Organization: Strategic Implementations & PressFWD Work Locality: Virginia Beach

Hi, I’d just like to submit comment regarding presumption for bail. My life was turned upside down in March of 2015 after 6mo. of having recently moved to Virginia. As a graduate of Michigan State University, and a prior upstanding citizen of Michigan, and later Texas I’ve worked tirelessly to build a career my family would be proud of. After having done this, and choosing to move to VA to more closer to family and have more comfortable weather. I was harassed by a Norfolk City Police officer after not being able to find a $2 Parking Ticket Stub. I was respectful, but was met w/ aggression from the start. I didn’t have a prior criminal history, then. But, the actions of this officer created one for me simply because of my confusion, crying from fear, and asking “Where did I have a warrant?” [Given I’d never been pulled over in the city he thought he saw that I had “something”] From there after researching w/ his dispatch it was found to not be my record. Though, my car was searched and I never initially committed an offense. I believe due to having a temporary tag, and having my Out Of State liscense that expire 1 day before prompted a parking attendant to call the police.. nothing else made sense. I wondered if it were normal procedure. I was in a business suit coming from an interview (not that it should matter), but nothing of my limited exchange in her asking for my ID to send me a bill prompted for the police to be called. Even they asked if I’d gotten smart w/ the attendant. All of this was such complete waste of tax payers money for that to have ever been proper. But, I was still “booked”, because as the officer stated: “If I’d let him do his job, I’d have been on my way” I asked, for what? He stated: “Disorderly Conduct” From there I felt like I was being abducted lawfully. I was released on my own recognizance but was still traumatized. I missed my court date for having 2 jobs, received a new court date at my request. The case was “Nolle Proseque” [I thought this meant dismissed] - It remained on my record not knowing I had to apply for it to be expunged. The officer mysteriously “retired” While I was left for future if derailment, ruined reputation and multiple instances of manifest injustice simply for not knowing and it not being explained until years later — I NEEDE TO APPEAL FOR EXUNGEMENT. I was so hurt and confused by this I questioned whether I should report it. But, eventually decided to do so a few days later because it was so bizarre and because I refused to pay a $500 ticket for harassment. Given my limited interaction with the law I truly did not know what to do at the time. The Moral Of The Story: Nobody should have to sit in jail simply because they don’t have anyone local to advocate for them; and or they do not have the money for jail. Or, lose their job or housing or unable to obtain housing due to what Virginia believes is normal to hold someone based on a subjective interaction where an individuals history does not warrant it. This interaction also caused me to suffer abuse in being thought of as a criminal to being accused of theft. I believe if this interaction hadn’t accrued I’d have been treated more humanely as I had in the rest of my 33yrs of life prior in TEXAS and MICHIGAN.

Last Name: Liden Locality: Alexandria

Vote NO on HB1365.

Last Name: Tatman Locality: Richmond

HB1365: I strongly oppose this bill. Virginia made a huge step forward in protecting the rights of all Virginia residents by restoring the presumption of innocence for people accused of crimes by eliminating presumptions against bail. This bill is a step backwards and erodes personal liberty. HB1380, 1445 & 1703: I oppose all these bills on the same grounds. Unnecessary traffic stops needlessly endanger Virginians and are a waste public of resources.

Last Name: Soltes Locality: Charlottesville

Distinguished Committee Members, I am writing this comment in opposition to HB1365. This bill would restore presumptions against bail if passed and bring back an ineffective and unjust system of holding suspects in detention simply because of the crime they are accused of. This bill would also strip the ability of duly appointed judges to consider the complex factors that go into administering bail and propagates the idea that politicians know better in these sorts of judicial cases. Thank you.

Last Name: Nicholls Locality: Chesapeake

HB1830, HB1703 These items have proven to be a danger to the public. Thank you to Del Campbell and Del Durant for bringing this before the committee. Please protect the public and pass it. HB1365 Some heinous crimes should be kept locked up for the protection of the public. Please protect the public and pass it.

HB1380 - Issuing citations; certain traffic offenses.
Last Name: Hunter Locality: Hampton

Comments Document

Statement in Opposition of HB 1380 Attached.

Last Name: Price Locality: Newport News

Valerie Price Newport News HB 1380 Hello, I am writing to give information why I am against this bill. The data shows that Black and Brown people are stopped more often than anyone else during the stops. When people are targeted, nothing good can come from these interactions. These stops are unjust and unnecessary and will likely have negative impacts. It is very different if there is a major reason for the stop such as speeding or reckless driving, but for very minor reasons I don’t think the pretextual stops should be a priority. Please vote against this bill. Without this bill, officers will have more time for more vital situations. Please vote NO.

Last Name: Engel Locality: Hampton

HB 1380 would reinstate pretextual stops that have disproportionately devastated our communities for decades. Why are we using our resources to reinstate failed policies? As a citizen, I'm tired of having to fight the same battles over and over again. We face a shortage of police to fight real crime and this legislation will not help them at all. It will give those who would abuse their roles ammunition to abuse anyone they harbor prejudice against – but I guess you know that. Do the right thing and vote this bad idea down. Eileen Engel

Last Name: Wilson Locality: Newport News

Stop HB1380. Stopping motor vehicles for violations that can be fixed and don't cause any harm to the public, result in the use of force. There are less measures that can be taken to prevent people from these types of actions.

Last Name: Liden Locality: Alexandria

Vote NO on HB1380, 1445, and 1703.

Last Name: Tatman Locality: Richmond

HB1365: I strongly oppose this bill. Virginia made a huge step forward in protecting the rights of all Virginia residents by restoring the presumption of innocence for people accused of crimes by eliminating presumptions against bail. This bill is a step backwards and erodes personal liberty. HB1380, 1445 & 1703: I oppose all these bills on the same grounds. Unnecessary traffic stops needlessly endanger Virginians and are a waste public of resources.

Last Name: Wright Locality: Madison Heights

Good afternoon, I strongly oppose all 3 of these similar bills increasing the number of small infractions that a driver/pedestrian can be detained and cited for. I believe this change will result in less safety and respect for officers as community members may feel harassed or targeted with minor infractions. This change will open the door to greater discrimination against people of color who are already targeted at higher numbers for traffic stops. As a conservative with family members who were in law enforcement I strongly believe we need to support laws that increase transparency, equal policing and community policing which will result in a safer environment for our officers and more community respect for the police force. These bills do not meet that standard and I ask you to vote NO. These bills set up the opportunity for increased discrimination through profiling of drivers for traffic stops on minute infractions. The opportunity for negative community interactions will increase greatly if any of these bills are passed. Please vote no on HB1380, HB1445 and HB1703

Last Name: Tolley Locality: Henrico

Virginia has a well documented history of how traffic citations, etc. are used disproportionately to target Black and Brown populations. The rationale and data were presented in a prior General Assembly session; legislation was passed to prohibit this. Allowing "pretextual policing" didn't keep Virginia safer. It just perpetuates the injustice that is created due to implicit bias. Virginia must continue to make our criminal justice system more just. We must not reverse the gains that have been made in the past several years. See https://youtu.be/pLC_iWeA3zE for details about the negative impact of pretextual policing.

Last Name: Nicholls Locality: Chesapeake

HB1830, HB1703 These items have proven to be a danger to the public. Thank you to Del Campbell and Del Durant for bringing this before the committee. Please protect the public and pass it. HB1365 Some heinous crimes should be kept locked up for the protection of the public. Please protect the public and pass it.

Last Name: Savage Locality: Falls Church

I oppose HB1380, HB1445, and HB1703 as they would move the Commonwealth backward on the great gains we have made this decade in criminal justice reform.

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

HB1445 - Issuing citations; certain traffic offenses and odor of marijuana, exclusion of evidence.
Last Name: Parks, G Locality: Chesterfield

I’m writing to express strong opposition to this bill. We as Virginians have made progress in how we ethically police our communities and this bill aims to undo several years of progress and reform. As an constituent, I am requesting our elected officials oppose this bill. Vote NO

Last Name: Nelson Organization: Strategic Implementations & PressFWD Work Inc. Locality: Virginia Beach

Or, lose their job or housing or unable to obtain housing due to what Virginia believes is normal to hold someone based on a subjective interaction where an individuals history does not warrant it. This interaction also caused me to suffer abuse in being thought of as a criminal to being accused of theft. I believe if this interaction hadn’t accrued I’d have been treated more humanely as I had in the rest of my 33yrs of life prior in TEXAS and MICHIGAN. Nobody becomes disorderly or a thief at 30something years old with a career they’ve established at the top of their profession as an HR Professional for top Department Of Defense Contractors, all ended. Reconsider.

Last Name: Liden Locality: Alexandria

Vote NO on HB1380, 1445, and 1703.

Last Name: Wilds Organization: Marijuana Justice Locality: Richmond

My name is Morgan Wilds. I'm here on behalf of Marijuana Justice, a partner in the CannaJustice Coalition. We oppose HB 1445. This would be a complete step backward with progress and our legalization efforts.

Last Name: Tatman Locality: Richmond

HB1365: I strongly oppose this bill. Virginia made a huge step forward in protecting the rights of all Virginia residents by restoring the presumption of innocence for people accused of crimes by eliminating presumptions against bail. This bill is a step backwards and erodes personal liberty. HB1380, 1445 & 1703: I oppose all these bills on the same grounds. Unnecessary traffic stops needlessly endanger Virginians and are a waste public of resources.

Last Name: Wright Locality: Madison Heights

Good afternoon, I strongly oppose all 3 of these similar bills increasing the number of small infractions that a driver/pedestrian can be detained and cited for. I believe this change will result in less safety and respect for officers as community members may feel harassed or targeted with minor infractions. This change will open the door to greater discrimination against people of color who are already targeted at higher numbers for traffic stops. As a conservative with family members who were in law enforcement I strongly believe we need to support laws that increase transparency, equal policing and community policing which will result in a safer environment for our officers and more community respect for the police force. These bills do not meet that standard and I ask you to vote NO. These bills set up the opportunity for increased discrimination through profiling of drivers for traffic stops on minute infractions. The opportunity for negative community interactions will increase greatly if any of these bills are passed. Please vote no on HB1380, HB1445 and HB1703

Last Name: Tolley Locality: Henrico

Virginia has a well documented history of how traffic citations, etc. are used disproportionately to target Black and Brown populations. The rationale and data were presented in a prior General Assembly session; legislation was passed to prohibit this. Allowing "pretextual policing" didn't keep Virginia safer. It just perpetuates the injustice that is created due to implicit bias. Virginia must continue to make our criminal justice system more just. We must not reverse the gains that have been made in the past several years. See https://youtu.be/pLC_iWeA3zE for details about the negative impact of pretextual policing.

Last Name: Savage Locality: Falls Church

I oppose HB1380, HB1445, and HB1703 as they would move the Commonwealth backward on the great gains we have made this decade in criminal justice reform.

HB1642 - Felony homicide; felonious acts, certain drug offenses, penalty.
Last Name: Reed Locality: Newport-News

I lost my 23yo daughter Kaitlyn to Fentanyl poisoning 1-15-21. There needs to be changes in order to hold those responsible for these deaths. Detectives did very little in investigating into who gave her / sold her the Fentanyl. They had her cellphone and simply asked us if we knew the password. Case closed a few days after her death. Why? She left behind 2 very precious and confused little girls that miss their mother terribly and are now at ages 5 & 6 in therapy.

Last Name: Doyle Organization: Makayla Cherie Foundation, Inc. Locality: Virginia Beach

Comments Document

An average of 300 people die a day due to illicit fentanyl. Illicit fentanyl is being laced in all drugs, and the users of these drugs are unaware that they are ingesting something other than what they purchased. It takes as little as 2ng’s of illicit fentanyl to kill a person. The number of deaths due to illicit fentanyl is astronomically increasing each year. Those who are supplying, giving, distributing these drugs that have been poisoned must be held accountable for the deaths they are causing. If someone ingesting any other illicit drug that did not contain illicit fentanyl, they would have the chance to obtain help and hopefully recover. Bower, with illicit fentanyl there is no chance for this, as many are dying, teens who are experiments, first time users, etc. before they even have the chance to get help! My daughter, Makayla Cox, died from a pill she thought was Percocet, and was pure fentanyl, just 2 shorts weeks after turning 16, on Jan 22, 2022.

HB1703 - Issuing citations; certain traffic offenses.
Last Name: Liden Locality: Alexandria

Vote NO on HB1380, 1445, and 1703.

Last Name: Tatman Locality: Richmond

HB1365: I strongly oppose this bill. Virginia made a huge step forward in protecting the rights of all Virginia residents by restoring the presumption of innocence for people accused of crimes by eliminating presumptions against bail. This bill is a step backwards and erodes personal liberty. HB1380, 1445 & 1703: I oppose all these bills on the same grounds. Unnecessary traffic stops needlessly endanger Virginians and are a waste public of resources.

Last Name: Wright Locality: Madison Heights

Good afternoon, I strongly oppose all 3 of these similar bills increasing the number of small infractions that a driver/pedestrian can be detained and cited for. I believe this change will result in less safety and respect for officers as community members may feel harassed or targeted with minor infractions. This change will open the door to greater discrimination against people of color who are already targeted at higher numbers for traffic stops. As a conservative with family members who were in law enforcement I strongly believe we need to support laws that increase transparency, equal policing and community policing which will result in a safer environment for our officers and more community respect for the police force. These bills do not meet that standard and I ask you to vote NO. These bills set up the opportunity for increased discrimination through profiling of drivers for traffic stops on minute infractions. The opportunity for negative community interactions will increase greatly if any of these bills are passed. Please vote no on HB1380, HB1445 and HB1703

Last Name: Tolley Locality: Henrico

Virginia has a well documented history of how traffic citations, etc. are used disproportionately to target Black and Brown populations. The rationale and data were presented in a prior General Assembly session; legislation was passed to prohibit this. Allowing "pretextual policing" didn't keep Virginia safer. It just perpetuates the injustice that is created due to implicit bias. Virginia must continue to make our criminal justice system more just. We must not reverse the gains that have been made in the past several years. See https://youtu.be/pLC_iWeA3zE for details about the negative impact of pretextual policing.

Last Name: Nicholls Locality: Chesapeake

HB1830, HB1703 These items have proven to be a danger to the public. Thank you to Del Campbell and Del Durant for bringing this before the committee. Please protect the public and pass it. HB1365 Some heinous crimes should be kept locked up for the protection of the public. Please protect the public and pass it.

Last Name: Savage Locality: Falls Church

I oppose HB1380, HB1445, and HB1703 as they would move the Commonwealth backward on the great gains we have made this decade in criminal justice reform.

End of Comments