Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

As a criminal defense attorney, I strongly support this bill. The reason this bill is necessary can be demonstrated by considering a hypothetical case where a person is charged with aggravated malicious wounding, grand larceny, and DUI 3rd. Each of those offenses are ones where a jury could return a verdict with multiple different grades. Aggravated malicious wounding cases could result in a verdict of malicious wounding, unlawful wounding, or assault and battery. I have seen this happen. Grand larceny could result in a verdict of petit larceny. DUI 3rd could result in a verdict of misdemeanor DUI 2nd or 1st, which is possible if there are issues with the prior convictions or if there is an issue about substantial similarity of out of state convictions. When there are multiple charges and multiple grades at which a verdict may come back, there are times when it makes better sense for the accused to ask for a jury sentencing. In my practice, I have contemplated filing complicated jury sentencing demands that account for various possible outcomes. There are two fundamental problems with this as an option -- the number of permutations increases geometrically in some situations with multiple indictments and lesser included offenses, and there are also circumstances where making such a filing that details this kind of strategy improperly reveals defense strategy to the Commonwealth. There is a reason that the defense presents evidence second, and a lot of that has to do with the sacredness of the concept that the defendant should not have to reveal his strategy prior to the Commonwealth revealing its evidence. I have personally experienced a commonwealth attorney twisting the evidence in response to defense strategy. It is not in keeping with the proper way our system works. This bill still requires a notice to be filed, and this is proper because frankly a jury sentencing is extra work for both defense counsel and prosecutor. The only thing the bill does is creates a common-sense way to deal with the issues I described and also to deal with a scenario where the accused decides even in the last minute that he feels a judge should arrive at a fair sentence for him. This is why we have judges, and I ask this body to pass this bill into law.

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

Hello, I am M. Lee Smallwood, II, and I am a practicing criminal defense attorney. I happen to be in court several times each year when the clerk administers this oath to the grand jury. It is a painful process to hear such an awkward and antiquated oath being recited. When I saw that this bill had been put forward, I was delighted. The changes suggested will make a small but important impact on improving our criminal justice system.

I believe if a person commits a crime they need to face the consequences. The last three years our nation has been easy on criminals. Our nation is a mess and most citizens are tired of the lawlessness. "Let’s not forget that American democracy started with ‘We the People’ agreeing to work hard to create ‘a more perfect union.’ We’ve lost the idea that politics begins at home with what happens in families, in neighborhoods, in classrooms, in congregations. We called this democracy into being – and if we want to call this democracy back to its highest values, it’s got to be the us doing that calling. That’s not going to happen if ‘We the People’ don’t know how to talk to one another with civility and hold our differences in a creative, life-giving way." - Parker J. Palmer "Civility isn't just some optional value in a multicultural, multistate democratic republic. Civility is the key to civilization." -Van Jones

I would like for the committee to consider the the bill on the table today. So many individuals incarcerated are far removed from the people they were 10, 5 ,20 years ago.

I support HB45 and HB77 and HB834 because I am a firm believer that not all law codes pertain to the actual crime of the person but sometimes it is the law code that they have no choice but to sentence the individual under and in that case, people are over sentenced in our state. Prisons and jails in Virginia are over populated and this is one of the reasons. My husband has been incarcerated for 10 years and has had no chance to have any incentive to do better. When the bill HB45 was supposed to go through before the budget ammendment was put into effect, a bunch of human beings were let down, both incarcerated and the families as well. DOC had people have their hopes up and then the governor shot all that down. Home plans, medical was all initiated just to have all that ripped away. Then came all the lawsuits and there are still alot of them going on as we speak and will continue. There have been overdoses and deaths and all kinds of foul things going on since this. When we had covid drugs were still getting inside of prisons yet there were no contact visits for almost 2 years and there was still a drug problem inside all facilities so where were the drugs coming from at that point? We need to help these men and women in a positive manner and maybe give them some initiative to be better and prosper inside those walls. An inmate is just a number in the state of Virginia it seems and honestly they are not treated as well as it is seems but they are humans. The only difference between them and people of the free world is that THEY GOT CAUGHT and some didn't. I have so much more I could say but I believe in second chances and I believe when one is sentenced they get over sentenced due to the nature of the law code and that crime only falls under that said law code but that does not mean the crime committed was as it seems in the public eye. Thanks for your time and I pray these guys and gals will have some better initiative to look forward to in 2024.

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

Please vote to Abolish suicide as a criminal offense. I think in the case of a search warrant, the investigators should be able to obtain it with the wording of " suspicious death" instead of completing the warrant with suicide or homicide. Possibly " death in the home" could be used as a general reason for a search warrant until they collect evidence otherwise. Thank you for all you do Sharon Mullen Henry County resident

Comments Document

Hello, I write in support of HB81. I am submitting a fact sheet explaining the importance and justification for this critical legislation. Thank you for considering my views. Nancy O'Brien

Kathy and Pete Durand suffered a great loss when their son committed suicide. They are the kindest people I know. They treat me as a daughter. So when I found out that their son's suicide notes were subject to FOIA requests and available to the public, I was outraged. Some horrible person got hold of them and used them against Kathy and Pete. It's bad enough they grieve the loss of their only child but for him to be labelled a criminal in the afterlife and have his information available like that is appalling. This person caused this family a lot of harm and no justice was served. The Durand's weren't even informed of the release of these letters. What Peter wrote in those letters was PRIVATE. He is not criminal because he decided to end his own life. The reality is people will commit suicide, but they shouldn't be labeled as a criminal. It's adding insult to injury, to their good name and their loved ones. I fully support this Bill and hope it gets passed for families like the Durand's.

Comments Document

Statement in support of HB81.

Please take a moment to consider removing suicide as a “common-law crime”. I have unfortunately seen first hand what suicide can do to a loved one’s family. Suicide is a result of mental illness. Having a mental illness is not a crime and nor should suicide be. I have witnessed the damage this mis-labeling can lead to. Due to it being labeled a common-law crime, a non family member was able to receive copies of suicide letters and other private information from police. Which resulted in this individual harassing and emotionally abusing family members. Immediate family should not have to worry about their loved one’s private records being released to people that should not be privy to such information. It is hard enough to mourn the loss of someone dear to you due to mental illness but it is even harder knowing that private details of your loved one could be dredged up by any individual making you relive that painful day. My heart has broken over and over for my dear friends that have sadly experienced this situation. Please consider removing suicide from the common-law crime list in Virginia. Any little bit of peace helps family heal from such a tragic loss.

As a mental health provider in the Commonwealth of Virginia, I am writing today to urge you to support the passage of HB 81 which abolishes the common law crime of suicide. Both personally and professionally, I've seen the many shocking and painful impacts of suicide on loved ones and family members. Having a family member's suicide be classified as a crime adds massive unnecessary insult to a death that is already surrounded with stigma and misunderstanding. This classification adds undue burden when suffering is already at an all time high. It's unfair, unreasonable, and inhumane -- the origins of this classification are long outdated and this revision is long overdue. Please vote to pass HB 81 to offer a bit of humane restoration to those impacted by a loved one's suicide in the Commonwealth of Virginia. It's time and it is only right that this bill get passed! Kathryn Rheem, EdD., LMFT, Fairfax, VA

I SUPPORT HB 174. Marriage equality is long overdue. I SUPPORT HB 640. It's the least we can do to provide restitution to someone who was wrongfully incarcerated. I SUPPORT HB 766. Sexual abuse should absolutely be taken into account when adjudicating for a child's best interest and no child should be under the custody of someone who abused them. I SUPPORT HB 81. It's disgraceful that someone who suffered enough to attempt or die or suicide would ever be treated like a criminal, and this kind of stigma is a barrier to getting help that would prevent suicide. I OPPOSE HB394. It was a joyous occasion in 2021 when Virginia abolished the death penalty, and we should never go back to the days that we still had that.

I am writing today to urge you to support the passage of HB 81 which abolishes the common law crime of suicide. Currently, in Virginia, suicide is considered a crime, and those that die by suicide are considered criminals by the Commonwealth of Virginia. This can be devastating to family and friends when they realize their loved ones are considered criminals. It also creates a higher likelihood that police investigative files could be released to non-family members. As a Mom who lost her son to suicide six (6) years ago, I have experienced first- hand the pain of knowing my son is considered a criminal and the trauma of having sensitive information including his private suicide notes released, without my permission or knowledge. There is no reason to continue classifying suicide as a crime. Making this change will not encourage assisted suicide (that is a separate law) or any other provision of the criminal or civil laws of Virginia. Please support the passage of HB 81 Thank you very much for your time, Kathy Durand

Thank you for considering HB81. I would like to emphasize the importance of decriminalizing suicide, pointing out that even though the law is not actively enforced in terms of imprisonment or brutal practices, its presence serves certain economic interests and perpetuates stigma. To legislators: please consider the emotional toll on those who have lost loved ones to suicide and individuals struggling with mental health issues; for those who are opposed, I ask for transparency about the reason for your decision. The connection between suicide abolition and assisted suicide has been clarified. Suicide abolition aims to erase stigma and is not linked to assisted suicide issues already covered in the legal code. There has been support for this kind of bill from major suicide prevention organizations since 2021. Suicide is framed as a major health crisis, and I advocate for recognizing and treating it as such, emphasizing that true mental health program reform requires abolishing the common law crime of suicide. There have been many other countries and states that have decriminalized suicide in the past year. Thus, I urge Virginia legislators to vote in favor of HB81, and I'd like to emphasize the bipartisan nature of compassion and empathy in addressing the universal impact of suicide and mental illness. Thank you, Kyle Johnson, Falls Church, VA

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

AN ANALYSIS OF HB 81 SUICIDE; ABOLISHES COMMON LAW CRIME: THE FACTS1 CURRENT STATUS: Suicide, as a common law crime, is considered a crime in the Commonwealth of Virginia. However, there is no punishment prescribed for conviction of this crime. EFFECT OF THE ENACTMENT OF HB 81: The crime of suicide would be abolished in the Commonwealth. This change would have no impact on 8.01-622.1 (assisted living statute) of the Virginia Code or any other laws or regulations concerning suicide. FACTS: • There are no contemporary instances where a person who has committed suicide has been charged or prosecuted for the common law crime of suicide. • Citizens in Virginia consulted by the Pete Durand Music for Everyone Foundation strongly oppose the current law in the Commonwealth of Virginia and find the labeling of suicide as a crime contrary to their understanding of the tragedy of suicide. • No western, industrialized, democratic country treats suicide as a crime. The vast majority of states in the United States have not criminalized suicide. We cannot find one state that seeks to actually use the criminal law as a response to suicide. Keeping Suicide as a Crime: • Serves no legal, social, economic or other legitimate purpose of legislation. Peer reviewed research consistently finds that criminalizing suicide is associated with higher rates of suicide, not lower rates. • Causes harm and more grief to families, friends and associates of those who commit suicide by further traumatizing them when they realize that the Commonwealth considers their deceased loved one a criminal. • Increases the likelihood that the investigative file developed by law enforcement will be released to non-family members.2 WE URGE YOU TO SUPPORT HB 81 AND REMEDY THIS HARMFUL AND UNNECESSARY PROVISION OF OUR CRIMINAL CODE. 1Prepared by the Board of the Pete Durand Music for Everyone Foundation. A Virginia based 501c (3) organization founded to carry on the work of Pete Durand who committed suicide in 2017. 2This occurs when an agency determines that as suicide is a crime, it must be treated as an investigative file subject to FOIA (Freedom of Information Act), rather than an unintended death investigation file which is not subject to general FOIA release. This happened with Pete Durand’s file.

Please stop criminalizing suicide. According to a Guardian news article, research shows that in countries where suicide has been decriminalized, people can seek help for mental health and rates tend to then decline. Also the fact that our servicemen, who have suffered traumas and end their lives, are deemed criminals. This needs to be remedied.

Suicidal ideation is grouped with depression or mood disorders, but there are mental disorders, life events including family and friend events that can increase the ideation of suicide. Treatment should be provided to individuals who have ideations regardless of their diagnosis or lack of diagnosis because of their risk of a suicidal act, or other repeated problems associated with the thoughts of suicide. After an attempt is a crucial time, in my opinion, for treatment to start the process of training the brain away from the idea that they are a burden to family, or society and suicide is the only way to dissolve the repeated thoughts. My 22 year old son with several mental diagnosis and with very high IQ had a severe mental breakdown in Sept 2023 and was picked up by local police after running full speed down a secondary road. He could not fully explain to them the details of his intentions and was taken to the hospital where he remained on a suicide watch for 48 hours. He talked to crisis counselors and intervention personnel, and was allowed to leave with me with the plan to see crisis specialists every day for 2 weeks and the promise that we call if he had any more suicidal ideation. He remains with those counselors today, as well as a caseworker who helps him weekly trying to remain on a schedule with proper meds and mental health preparedness plans going forward. He did not " snap out of it" as some people would suggest, and remains in the crisis state due to refusing of meds and keeping appointments that he needs to maintain his mental health. He lives with several risk factors, and may enter a treatment facility if his actions or mental state changes even slightly. He should not be criminalized for his actions or his state of mind. His mental illness is being treated and we are trying to find meds that work for him without so many side effects. He should be able to find treatment on his own accord and face his own health accordingly. We should definately Abolish the criminalization of suicide attempts for those people like my son who are fighting for their lives to chase sucidal ideation away. They need the treatment They need their medications, counselors, intervention personnel and support systems in place They need the good attention not the stigma associated with mental illness Please vote to amend the code of Virginia by adding section 18.2-16.1 that relates to the common law crime of suicide. Thank you for your attention

This leads to allowing the govt to murder folks. Just like Canada - https://www.independent.co.uk/news/world/americas/diabled-woman-canada-assisted-suicide-b2363156.html. "Disabled woman claims Canada is forcing her to die by assisted suicide: ‘It’s not what I want’ The woman accused the government of creating ‘the perfect storm for disabled people’ in Ontario"

This comment is not written in the best pros, but is a comment from the heart of a mother who has lost her only boy to suicide. I held my son’s hand for ten years while confronted his demands and dragons of drug addiction. At the age of twenty-one his long-term girlfriend married someone else and he fell into the world of drugs. We struggled through the addition, treatment programs, halfway houses and therapy He did eventually get a job, a car, and an apartment, but the demands returned. He let go of my hand and took his life. He left a note saying he loved me, and could not hurt me anymore. It took courage to do what he did and he did it for me. To give his life to stop hurting me should not be a crime How can we criminalize an act of desperation? Hopefully we will never be in that position, Valerie Turner, Arlington VA

Having lived through the heartbreak of losing some friends and family members to death by suicide, I believe it is very important to pass HB 81. The current laws are archaic. How can an individual be guilty of a felony, when they cannot stand trial? It is time for Virginia to enter the 21st century and change this law.

It is way past time to decriminalize suicide. Suicide is a tragic event, but not a crime. There is no reason to continue to consider this a common-law crime, which stigmatizes this tragedy and does nothing to prevent or help those struggling with suicidal thoughts. It is especially ironic that Virginia has not been successful in decriminalization of suicide considering the fact that England (where the common-law originated) did so over 50 years ago.

As a survivor or suicide loss in high school as well as my own struggles with suicidal ideation since middle school, I unequivocally support this bill. Families of those lost to the utter tragedy of suicide should not be further stigmatized by the drawn out process of criminalization.

So wonderful to see us finally cracking down on guardians and conservators. Well done! Also glad to see us crack down on hate crimes especially if we’re going to continue fueling the disastrous Applied Behavioral Analysis. There must be guard rails. So thank you Dan. And as for HB81, I wish that had become law years ago! I nearly took my life twice. Now you’re going to rub salt in the scar?

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

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Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

My name is Kalia Harris, and I am the Executive Director of the Virginia Student Power Network, a statewide organization that represents hundreds of college-aged young people throughout Virginia. We ask that you oppose HB 391 Our youth, especially Black and brown youth in Virginia are at risk with this legislation. Some people don’t survive their interactions with law enforcement, and we don't need to increase incidences of interactions with law enforcement by repealing the ban on pretextual stops. Please oppose this bill. Thank you.

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

Hb394: vote no. We shouldn't have the death penalty. Too many innocent people are executed

I SUPPORT HB 174. Marriage equality is long overdue. I SUPPORT HB 640. It's the least we can do to provide restitution to someone who was wrongfully incarcerated. I SUPPORT HB 766. Sexual abuse should absolutely be taken into account when adjudicating for a child's best interest and no child should be under the custody of someone who abused them. I SUPPORT HB 81. It's disgraceful that someone who suffered enough to attempt or die or suicide would ever be treated like a criminal, and this kind of stigma is a barrier to getting help that would prevent suicide. I OPPOSE HB394. It was a joyous occasion in 2021 when Virginia abolished the death penalty, and we should never go back to the days that we still had that.

HB 394 takes Virginia backwards. It adds to the trauma of children and other family members.

I am expressing my contempt of all 3 notes bills. The intentions is in complete contradiction of the movement clearly shown in Virginia by Virginia Voters, THE taxpayers!

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

I am expressing my contempt of all 3 notes bills. The intentions is in complete contradiction of the movement clearly shown in Virginia by Virginia Voters, THE taxpayers!

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.

I am expressing my contempt of all 3 notes bills. The intentions is in complete contradiction of the movement clearly shown in Virginia by Virginia Voters, THE taxpayers!

Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.