Public Comments for 02/17/2023 Courts of Justice - Criminal
SB843 - Retired circuit court and district court judges; recall, evaluation, etc.
Hello, my name is Linda Tyson and I am asking, no pleading for you to strongly support the Second Look Bill. My nephew is currently being held in Green Rock DOC. He was coerced into a guilty plea after being threatened with life in prison when there was absolutely no evidence any crime was committed. I ask that you please support and pass the Second Look. There are those spending many years of their lives behind bars after wrongful convictions and I feel if my nephew would have had a paid attorney rather than a court appointed attorney he would not be spending 17 years behind bars for something he didn’t do. Thank you kindly for taking the time to read request. Linda Tyson
Hello my name is Tonya my fiancé is in prison with a 38 year sentence he has done 17 years with a lot more to go on a charge he got when he was just 21 he has been charge free for almost 8 years he has grown to know wrong from rite he has done classes and got his GED since been in please give us hope and say yes to the second look bill and help bring my fiancè home So he can be in his kids life’s and watch his grandbabys grow up Sincerely, a praying fiancé
SB895 - Interlocutory decrees or orders, certain; appeals.
SB958 - Writs of actual innocence; statue of limitations for filing of a petition.
Hello, my name is Linda Tyson and I am asking, no pleading for you to strongly support the Second Look Bill. My nephew is currently being held in Green Rock DOC. He was coerced into a guilty plea after being threatened with life in prison when there was absolutely no evidence any crime was committed. I ask that you please support and pass the Second Look. There are those spending many years of their lives behind bars after wrongful convictions and I feel if my nephew would have had a paid attorney rather than a court appointed attorney he would not be spending 17 years behind bars for something he didn’t do. Thank you kindly for taking the time to read request. Linda Tyson
Hello my name is Tonya my fiancé is in prison with a 38 year sentence he has done 17 years with a lot more to go on a charge he got when he was just 21 he has been charge free for almost 8 years he has grown to know wrong from rite he has done classes and got his GED since been in please give us hope and say yes to the second look bill and help bring my fiancè home So he can be in his kids life’s and watch his grandbabys grow up Sincerely, a praying fiancé
SB1067 - Substantial risk orders; substantial risk factors and considerations.
This section of code, §§ 19.2-152.13 and 19.2-152.14 , needs to be repealed, not expanded. The bill would allow a court or magistrate to deny constitutionally guaranteed basic civil rights based on hearsay of an accuser. We’ve seen, all too often, where the courts will err on the side of caution. In this case, it violates the basic human rights of the accused in countless ways. “Red Flag” laws are ripe for abuse and are being struck down by courts all over the country. In addition, they are ineffective in stopping suicide or violent crime, and may even exasperate the situation. Removing objects from a person’s home while leaving them alone, unsupervised, doesn’t prevent them from doing harm to themselves or others, and may leave them feeling more isolated, despondent, and alienated from society.
Please vote yes for SB1067. This bill is an important part of reducing gun violence in Virginia. Thank you.
I'm a volunteer with the Virginia chapter of Moms Demand Action for Gun Sense in America, and I support this bill.
SB1184 - Hate crimes and discrimination; antisemitism, penalties.
Please support this bill
SB1243 - Reproductive health care services; definition, prohibitions on extradition for certain crimes.
Please report SB 1243 to the House for a vote. As long as abortion services are legal in Virginia, we should not report or extradite individuals who reside in another state to their home jurisdiction. When a service has been legally rendered in our state, the Commonwealth has fulfilled its duty to act in a lawful manner. When SJ 255 comes before you, I hope you will consider the 51% of Virginia’s population for whom reproductive freedom should be a given. Establishing laws that govern women’s bodies in ways that men’s are not is tyrannical and prejudicial, and Virginia’s constitution should provide protection from such intrusive government overreaches. Reproductive freedom is about more than abortion, it provides for alternative methods of conception for families who are dealing with fertility issues, ensures that life-saving medical procedures continue to be taught in medical schools, and guarantees that women who wish to use contraception will continue to have access to medication and devices that allow them to make their own family planning decisions. Please vote to report SJ 255 and forward it to the House.
SB1244 - Crime Victim and Witness Rights Act; notifications to victims.
SB1272 - Assault and battery; persons diagnosed with autism spectrum disorder, intellectual disability.
My son has severe behaviors, autism and is 6'11, 284 pounds. Law enforcement are often called due to his violence. He isn't a bad man. He goes into sensory overload and throws things and yells. He is scary looking and people want to protect this 5'5 white haired old woman. So far, we've been lucky because I've been with him and hand out cards that say he has autism and a ton of disabilities. Without my immediate and insistent intervention with law enforcement, he'd be in jail now. Please protect people like my Alec. He's an artist and musician who loves cats and horses. He doesn't belong in jail for actions he cannot control due to his disability.
Dear Members of the House Courts of Justice Committee, On behalf of the Autism Society Tidewater Virginia, we SUPPORT SB1272 and SB1303. 1) Please VOTE YES on SB1272 which would remove the mandatory minimum sentence for a defendant with autism, ID/DD, and serious mental illness and give the judge greater discretion to consider the defendant's disability when passing sentence. 2) Please VOTE YES on SB1303 which allows a disabled person to reclaim their life after a conviction for a criminal offense. These bills are important to me because, I have a child with autism, who is unable to control his purposeful body movements. When someone is in a fight or flight panic attack, they cannot control their responses and if the police have been called to help the individual, then that person in crisis should not be subject to a felony charge for something they cannot help or control. Please allow the Judge to consider a reduction in the mandatory minimum sentence if the defendant is disabled. Thank you for your attention to these important matters for my family. Sincerely, Nicole Miller Chapter Operations Manager Autism Society Tidewater Virginia
Please Vote YES on SB1272. This bill removes the requirement for the judge to issue the mandatory minimum sentence if the defendant is autistic, developmentally disabled, intellectually disabled or has a serious mental illness. This would protect defendants from harsh penalties for behavior associated with their disability. This bill also gives judges discretion when faced with sentencing a defendant with disabilities. Please vote yes on SB1272.
Someone with a disability or serious mental illness may not have intended to do harm to anyone when charged with a simple assault and battery offense. SB1272 removes a mandatory minimum punishment for this offense if the court finds that the violation was caused by or had a direct and substantial relationship to the person's disorder, disability or serious mental illness. This a common sense change that gives judges the discretion to sentence appropriately.
SB1303 - Defendant with a disorder or disability; sealing of criminal history record information, etc.
My son has severe behaviors, autism and is 6'11, 284 pounds. Law enforcement are often called due to his violence. He isn't a bad man. He goes into sensory overload and throws things and yells. He is scary looking and people want to protect this 5'5 white haired old woman. So far, we've been lucky because I've been with him and hand out cards that say he has autism and a ton of disabilities. Without my immediate and insistent intervention with law enforcement, he'd be in jail now. Please protect people like my Alec. He's an artist and musician who loves cats and horses. He doesn't belong in jail for actions he cannot control due to his disability.
Dear Members of the House Courts of Justice Committee, On behalf of the Autism Society Tidewater Virginia, we SUPPORT SB1272 and SB1303. 1) Please VOTE YES on SB1272 which would remove the mandatory minimum sentence for a defendant with autism, ID/DD, and serious mental illness and give the judge greater discretion to consider the defendant's disability when passing sentence. 2) Please VOTE YES on SB1303 which allows a disabled person to reclaim their life after a conviction for a criminal offense. These bills are important to me because, I have a child with autism, who is unable to control his purposeful body movements. When someone is in a fight or flight panic attack, they cannot control their responses and if the police have been called to help the individual, then that person in crisis should not be subject to a felony charge for something they cannot help or control. Please allow the Judge to consider a reduction in the mandatory minimum sentence if the defendant is disabled. Thank you for your attention to these important matters for my family. Sincerely, Nicole Miller Chapter Operations Manager Autism Society Tidewater Virginia
Please Vote Yes on SB1303 People with autism are up to 7 times more likely to come in contact with the criminal legal system This population of people often depends on their parents for their day-to-day life management and living independently is often challenging 85% of autistics are unemployed or underemployed. This goes up to nearly 100% if they have a felony conviction on their record, furthering the odds that those with autism likely are to be dependent on family members throughout their lifetime These convictions disqualify individuals with autism from housing, employment and even support and assistance that they often need for everyday life. This bill will allow individuals diagnosed with autism spectrum disorder with criminal offenses to petition the Court for sealing and expungement of their criminal record to be added to the list of eligibility for expungement The bill also allows those with autism with a conviction or deferral and dismissal have been sealed and concurrently offered a simple pardon by the Governor that the conviction otherwise be dismissed.
SB1304 - Court-appointed counsel; requests for additional compensation, determination by judge.
This bill simply provides that trial Judges and Chief Circuit Court Judges give reasons in writing when thereby decide to reduce a court-appointed lawyer's request for waiver payments. Since Judges no doubt develop specific reasons before deciding to reduce fee claims, this bill merely requires that they put those reasons in writing and provide acopy to counsel.
Hello, my name is Linda Tyson and I am asking, no pleading for you to strongly support the Second Look Bill. My nephew is currently being held in Green Rock DOC. He was coerced into a guilty plea after being threatened with life in prison when there was absolutely no evidence any crime was committed. I ask that you please support and pass the Second Look. There are those spending many years of their lives behind bars after wrongful convictions and I feel if my nephew would have had a paid attorney rather than a court appointed attorney he would not be spending 17 years behind bars for something he didn’t do. Thank you kindly for taking the time to read request. Linda Tyson
Hello my name is Tonya my fiancé is in prison with a 38 year sentence he has done 17 years with a lot more to go on a charge he got when he was just 21 he has been charge free for almost 8 years he has grown to know wrong from rite he has done classes and got his GED since been in please give us hope and say yes to the second look bill and help bring my fiancè home So he can be in his kids life’s and watch his grandbabys grow up Sincerely, a praying fiancé
SB1504 - Sex Offender and Crimes Against Minors Registry; removal of name and identifying information.
Most Concise --- Better format. This is a smart bill. I request you insert the following and it'll be even better. Courts say this statute needs an "at liberty clause" from GA to remove "ambiguity and absurd result” for “two or more offenses” = Repeat Offender , The "at liberty clause" found verbatim from 9.1-902 ...Tier III... #2. & #3. § 9.1-910. Removal of name and information from Registry. A. Any person required to register, other than a person who has been convicted of any (i) Tier III offense, (ii) two or more offenses for which registration is required, --BEGIN INSERT ->>> provided that such person had been at liberty between such convictions or adjudications <--END INSERT -- --(iii) a violation of former § 18.2-67.2:1, or (iv) murder, may either submit... See attachment for suggested wording to consider.
Dear Honorable Delegates Please redress a crucial NEED that was addressed with SB492 in 2020 where it passed the Senate. In the House it Passed but a substitute removed the part that the courts says needs clarity. Repeat offenders and Tier III are dis-qualified from petitioning for name removal. All Tier I and II can petition when eligible. Item (ii) in 9.1-910 needs the “at liberty” clause verbatim from 9.1-902. Simply insert in line 12 see down 5 lines § 9.1-910. Removal of name and information from Registry. A. Any person required to register, other than a person who has been convicted of any (i) Tier III LINE 12 : offense, (ii) two or more offenses for which registration is required, provided that person had been at liberty between such convictions or adjudications (iii) a violation of former § 18.2- 67.2:1, To further consider improving the language of 9.1-910 see attachments: better and BEST. In my opinion. I appreciate your consideration in bringing this injustice to an end for 5,000 non-violent sex offenders that have done their time, complied 100% with the VSP re-registration process, paid restitution, NOT re-offended, etc. NOTE: This does NOT change the law but adds clarity as asked by the courts, Chief Judge and yes …. even some prosecutors. PLEASE ask anything is you do NOT 100% see the long due need for action. This deserves bi-partisan support. NO change is needed in the related statutes: 9.1-900, 9.1-902, 9.1-908 This brings into Concert and removes the ambiguity and absurd results currently in 9.1-910 P I appreciate the support and questions. Respectfully, Roy Tuthill – member of VaCure.org NoVa Chapter ATTACHMENT: Wording to consider for a clearer 9.1-910.
Hello, my name is Linda Tyson and I am asking, no pleading for you to strongly support the Second Look Bill. My nephew is currently being held in Green Rock DOC. He was coerced into a guilty plea after being threatened with life in prison when there was absolutely no evidence any crime was committed. I ask that you please support and pass the Second Look. There are those spending many years of their lives behind bars after wrongful convictions and I feel if my nephew would have had a paid attorney rather than a court appointed attorney he would not be spending 17 years behind bars for something he didn’t do. Thank you kindly for taking the time to read request. Linda Tyson
Hello my name is Tonya my fiancé is in prison with a 38 year sentence he has done 17 years with a lot more to go on a charge he got when he was just 21 he has been charge free for almost 8 years he has grown to know wrong from rite he has done classes and got his GED since been in please give us hope and say yes to the second look bill and help bring my fiancè home So he can be in his kids life’s and watch his grandbabys grow up Sincerely, a praying fiancé
Dear Honorable Delegates Please redress a crucial NEED that was addressed with SB492 in 2020 where it passed the Senate. In the House it Passed but a substitute removed the part that the courts says needs clarity. Repeat offenders and Tier III are dis-qualified from petitioning for name removal. All Tier I and II can petition when eligible. Item (ii) in 9.1-910 needs the “at liberty” clause verbatim from 9.1-902. Simply insert in line 12: 10 § 9.1-910. Removal of name and information from Registry. 11 A. Any person required to register, other than a person who has been convicted of any (i) Tier III 12 offense, (ii) two or more offenses for which registration is required, provided that person had been at liberty between such convictions or adjudications(iii) a violation of former § 18.2- 13 67.2:1, or (iv) murder, may either petition the circuit court in which he was convicted or the circuit court 14 in the jurisdiction where he then resides for removal of his name and all identifying information from the … To further consider improving the language of 9.1-910 see attachments: simplest, better and BEST. In my opinion. I appreciate your consideration in bringing this injustice to an end for 5,000 non-violent sex offenders that have done their time, complied 100% with the VSP re-registration process, paid restitution, NOT re-offended, etc. NOTE: This does NOT change the law but adds clarity as asked by the courts, Chief Judge and yes …. even some prosecutors. PLEASE ask anything is you do NOT 100% see the long due need for action. This deserves bi-partisan support. NO change is needed in the related statutes: 9.1-900, 9.1-902, 9.1-908 This brings into Concert and removes the ambiguity and absurd results currently in 9.1-910 Ps – I thank you for tolerating my emails and calls. I appreciate the support and questions. Respectfully, Roy Tuthill – member of VaCure.org NoVa Chapter ATTACHMENT: Wording to consider for a clearer 9.1-910.
Please support SB1504, which provides a standardized process for requesting removal from the Sex Offender Registry -- after a person has met ALL the requirements. This bill allows the Virginia State Police to handle removal requests in a carefully-developed, systematic and controlled manner. The current removal process burdens our Circuit Courts with random, idiosyncratic, individual petitions -- a waste of time and money.
SB1515 - Harmful materials; civil liability for publishing or distributing to minors on the Internet.
Good Morning Chairman Bell and Members of the Committee, Attached, please find TechNet's letter on SB 1515, relating to civil liability for publishing or distribution of material harmful to minors on the internet. We would appreciate your consideration to adopt these clarifying changes. Please let me know if you have any questions. Margaret
SB1523 - Marijuana related offenses; modification of sentence.
SJ255 - Constitutional amendment; fundamental right to reproductive freedom (first reference).
Please report SB 1243 to the House for a vote. As long as abortion services are legal in Virginia, we should not report or extradite individuals who reside in another state to their home jurisdiction. When a service has been legally rendered in our state, the Commonwealth has fulfilled its duty to act in a lawful manner. When SJ 255 comes before you, I hope you will consider the 51% of Virginia’s population for whom reproductive freedom should be a given. Establishing laws that govern women’s bodies in ways that men’s are not is tyrannical and prejudicial, and Virginia’s constitution should provide protection from such intrusive government overreaches. Reproductive freedom is about more than abortion, it provides for alternative methods of conception for families who are dealing with fertility issues, ensures that life-saving medical procedures continue to be taught in medical schools, and guarantees that women who wish to use contraception will continue to have access to medication and devices that allow them to make their own family planning decisions. Please vote to report SJ 255 and forward it to the House.
Sj255 - support Sb1243- support Sb 1523- support
The ACLU of Virginia supports Senate Joint Resolution 255 (SR255). SR255 codifies a fundamental right to reproductive freedom in the Virginia constitution, safeguarding abortion, contraception, and other forms of reproductive health care. Virginia does not currently recognize a right to abortion or contraception in our constitution, and the legality of abortion is subject to political whim. SR255 addresses this gap by creating an affirmative right to a spectrum of reproductive health care services. Such rights are recognized as critical to an individual's liberty and full participation in our society and are worthy of significant protection. We urge you to support SR255.
SB783 - Restricted driver's license; issuance for multiple convictions of driving while intoxicated, etc.