Public Comments for 01/22/2024 Courts of Justice - Criminal
HB81 - Suicide; abolishes common-law crime.
Last Name: Mullen Locality: Henry County

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

Last Name: O'Brien Locality: Arlington

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

Last Name: Fiorica Organization: Pete Durand Music for Everyone Locality: Clarke

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.

Last Name: Webster Locality: Arlington

Comments Document

Statement in support of HB81.

Last Name: Crane Locality: Fauquier

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.

Last Name: Rheem Organization: Rheem, Clark & Associates, LLC Locality: Fairfax

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

Last Name: Patwardhan Locality: Fairfax Coutny

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.

Last Name: Durand Locality: Round Hill

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

Last Name: Johnson Locality: Falls Church

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

Last Name: Gibson Organization: Virginia Justice Alliance Locality: Norfolk

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.

Last Name: Wellford Organization: Pete Durand Music for Everyone Foundation Locality: Round Hill

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.

Last Name: Wilson Locality: Arlington

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.

Last Name: Mullen Organization: NAMI (National Alliance of Mental Illness )of VA Locality: Henry County

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

Last Name: Nicholls Locality: chesapeake

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"

Last Name: Turner Locality: Arlington

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

Last Name: Shark Organization: Self Locality: Vienna

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.

Last Name: Tolley Locality: Goochland

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.

Last Name: Fox Locality: Albemarle

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.

Last Name: Sprague Locality: Alexandria

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?

HB161 - Individuals experiencing or reporting overdoses while incarcerated; disciplinary procedures.
Last Name: Cordeaux Locality: Newark

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Last Name: Spiro Locality: Hamburg Finkenwerder

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Last Name: Neumann Locality: Charlottesville

Hb161 Vote no

Last Name: Britt Organization: private citizen Locality: Portsmouth

Good morning, I'm making a comment in support of HB 161 because it gives correctional officers a voice. In recent years, correctional officers have been faced with circumstances that they need support from the community and lawmakers. Correctional officers are often forgotten in public safety and law enforcement but serve a vital role by ensuring custody, control, and accountability of sentenced offenders assigned under their care. They serve and protect their families and communities while in uniform under the most hazardous conditions any public safety officer or law enforcement officer ever have to deal with. Please support HB161 because it will promote transparency while preserve the integrity of the dedicated correctional officers who serve.

Last Name: Jones Locality: Richmond

YES

Last Name: Spangenberg Locality: Forest

161 pass this good samaritan bill!

Last Name: Turner Organization: Valley Justice Coalition Locality: Harrisonburg

I strongly support HB161 that prevents those experiencing or reporting an overdose from disciplinary action from the VADOC or law enforcement. We have had so many overdose deaths in the facilities that we need to encourage reports since time is the critical factor in saving a life. Please vote YES for HB161.

HB209 - Organized retail theft; repeals crime and Organized Retail Crime Fund.
No Comments Available
HB246 - Fines, restitution, forfeiture, penalties, etc.; criminal and traffic cases, itemized statement.
Last Name: Cordeaux Locality: Newark

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Last Name: Spiro Locality: Hamburg Finkenwerder

Hi I am writing to you on behalf of The Well Connection UK, a media and publishing company. We could easily get virginia.gov featured in various publications such as magazines, online blogs and news sites. This would undoubtedly help virginia.gov with publicity, reputation, domain authority and organic search engine rankings. We have a wide range of options including completely free collaborations, sponsored posts, guest posts and banner ads. If this sounds of interest, please reach out to the senior business development manager, Anita at info@thewellconnection.co.uk and whatsapp +447395206515 (GMT) Kind regards Clifton Junior Outreach Assistant

Last Name: Gibson Organization: Virginia Justice Alliance Locality: Norfolk

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.

HB292 - Drug Treatment Court Act; renames the Act as the Recovery Court Act.
HB554 - Investigation prior to release; input from the attorney for the Commonwealth.
No Comments Available
HB753 - Smoking; Class 3 misdemeanor for any person who smokes in presence of a minor under the age of 15.
Last Name: Knight Locality: Bedford County

Smoking a cigar on my deck while grilling a delicious steak, and having my son come out to ask me a question "being exposed to smoke" shouldn't be a crime. Adding making this admissible for a neglect and abuse petition is even worse. DSS have their hands full enough dealing with children who are actually abused. How much extra is that going to cost us? The last thing we need is to empower the nosey old man next door, who prairie dogs his head over my fence, yelling "Patsy, the neighbors are laughing, smoking a cigar, and a kid might be on the deck. Call the police!"

HB768 - Child victims and witnesses; using two-way closed-circuit television, expands age range.
Last Name: Neumann Locality: Charlottesville

Hb768 Vote yes. Children shouldn't be subjected to having to testify in front of an abuser

Last Name: McCoy Organization: Shared Hope International Locality: Warrenton

Comments Document

Attached is testimony in support of HB 768 on Behalf of Shared Hope International, a non-profit organization that brings justice for victims of child sex trafficking.

Last Name: Gerbracht Organization: Virginia Coalition Against Human Trafficking & Reset180 Locality: Vienna

Comments Document

VCAHT supports HB768 as it will help reduce the retraumatization of children in confronting those who have exploited them. VCAHT would support the expansion of this relief to adult victims of sexual exploitation and human trafficking as well, as the protective benefits that CCTV testimony offers most certainly extend to trauma survivors of all ages. As a clinical psychologist that specializes in working with children and adolescents I completely support removing all barriers that would prevent any minor under the age of 18 from accessing the opportunity to testify without needing to be in the same room as their abuser. It is my professional opinion that there should be no threshold necessary for any child to pass in order to access this form or testimony if it is desired. The chances of a child or adolescent becoming destabilized and derailed in their recovery are significantly increased by the need to be in the presence of their abuser as well as a courtroom full of others. Despite our best intentions, the need for retelling the details of their abuse in such a setting often adds to the shame and embarrassment felt by the victim and can actually lead to developmental regression as a means of coping. This can delay the progress of therapeutic interventions as well as increasing the common yet excruciating symptoms of Post Traumatic Stress Disorder like panic attacks, flashbacks, nightmares, and increased dissociation. Another less obvious factor to consider is that victims of abuse often develop what is referred to as a Trauma Bond. Even in cases where the child did not previously have a relationship with their abuser, a common reaction to being abused is the development of a strong bond with the abuser, particularly when there is a well-established power differential in the relationship (like an adult has over a child.) Deconstructing this powerful bond during the process of therapy is a long-term process which can easily be interrupted by re-exposure to the abuser. Feelings of guilt regarding the harm the testimony may cause to the abuser are common as is the potential for rekindled feelings of closeness and affection towards their abuser. The potential for reintroducing these confusing but powerful feelings for a child who is working hard to break free from such a powerful Trauma Bond can be devastating, if they are even able to bring themselves to testify at all, which is another risk. The likelihood of this delaying or derailing their recovery process is high and such a consequence is unacceptable. Reducing the need for a child of any age to endure unnecessary re-exposure to their abuser is the most humane decision and I wholeheartedly support this bill as written.

Last Name: Sales Organization: Virginia National Organization for Women (NOW) Locality: Alexandria

In Favor of Delegate Delaney's HB 768: Comments of the Mother of the Child Victim My daughter, AZ, was a victim of sexual abuse from ages 7-10 years old. Her father, Jose Noe Quintanilla, was found guilty of 3 counts of object sexual penetration and one count of rape. I am writing this statement to express my gratefulness for my daughter’s ability to use closed-circuit television (CCTV) while testifying during the criminal trial, and to advocate in support of more children being able to testify via CCTV in Virginia. My daughter was traumatized from the abuse and had nightmares, flashbacks, and panic attacks and often thought about the abuse. She suffered from suicidal thoughts regularly. During the trial, and at the time she had to testify, she also lived in an intense fear her dad was going to attack her for telling the truth and did not feel safe about talking about the abuse or testifying in court. As her mother, it pained me and has caused me great stress to see my daughter suffering, and to know it will affect her the rest of her life. My greatest concerns were AZ’s future and getting her through the trial with the least amount of trauma. My daughter was told by the prosecutor’s office she needed to testify in open court. For my daughter, this meant she had to be able to be questioned like an adult about graphic and traumatizing sexual acts her father did to her in open court with her father only several yards away, and in front of others. This is a frightening situation for any child. My daughter was later approved to testify through CCTV. Being able to testify through CCTV helped AZ get through testifying, and has kept the traumatizing impacts of the trial from being too much for her. If she had to testify in front of her father, she may have been unable to speak about the abuse in the courtroom, and would be much more traumatized. Additionally, her father became emotional during her testimony, and if she had to testify only a few yards away from him, his emotional behavior would have affected her ability to testify. Using CCTV gave my daughter the ability to stand up for herself and tell her story in a way that empowers children who have been abused. The Virginia Victims Bill of Rights states “In recognition of the Commonwealth's concern for the victims and witnesses of crime, it is the purpose of [the Victims Bill of Rights] to ensure that the full impact of crime is brought to the attention of the courts of the Commonwealth; that crime victims and witnesses are treated with dignity, respect and sensitivity...” (§19.2-11.01 (A)). Allowing children to use CCTV to testify helps to ensure the full impact of crimes are brought to the attention of courts. All children should have access to this victims’ right if it is needed to avoid their intimidation, and unnecessary mental injury and harm. Sexual abuse is traumatizing enough, and children who experience this type of abuse can already have a hard road to recovery. All children should have access to CCTV, especially if a mental health professional says it could cause injury, instead of children having to get to the point of a severe mental condition to qualify. Thank you for your time and consideration for amendments to the law that will allow more children to testify via CCTV in Virginia; to help children testify better to expose the full impact of crimes; and support the safety, protection, mental health, and wellbeing of all children.

HB769 - Multi-jurisdiction grand jury; elder abuse crimes.
HB774 - Alcohol safety action program; local administrative fee.
HB826 - Action of forfeiture; exemptions, court-imposed fine.
Last Name: Harding Locality: Albemarle

Speaking in support of this legislation, I ask the committee to pass the reforms to our civil asset forfeiture laws to limit the aggregate value that may be forfeited to the amount of the fine actually imposed in an underlying criminal proceeding. Currently, the Commonwealth is authorized to seek forfeiture in amounts that far exceed a fine that is actually imposed, oftentimes in the amounts of tens of thousands and on occasion, hundreds of thousands. Practically speaking, this will only burden the Commonwealth by having them argue for the value of a higher fine in a criminal sentencing hearing. Nevertheless, this is the more appropriate setting for a court to determine the maximum value of a forfeiture because they’re able to assess the financial status of the defendant, the available resources, the weight of the criminal activity at issue, the likelihood that the crime resulted in financial proceeds or conversion of criminal profits to property, and whether the punitive value of a fine is appropriate. The current system fosters a system by which prosecutors are able to leverage civil forfeiture as a means of negotiating criminal outcomes in plea agreements without judicial review because the civil and criminal proceedings are severed, Though this measure will not end such a practice altogether, it will allow the judiciary to have a role in weighing the appropriateness of a forfeiture by considering the merits of imposing the particular fine. Generally speaking, this bill will make it so that the punishment of forfeiture actually fits the underlying crime rather than having excessive forfeitures come as a result of crimes that oftentimes are much less significant than the value that is ultimately taken from a defendant.

HB847 - Appointment of counsel for accused; felonies punishable by a mandatory minimum term of confinement.
Last Name: Cordeaux Locality: Newark

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Last Name: Spiro Locality: Hamburg Finkenwerder

Hi I am writing to you on behalf of The Well Connection UK, a media and publishing company. We could easily get virginia.gov featured in various publications such as magazines, online blogs and news sites. This would undoubtedly help virginia.gov with publicity, reputation, domain authority and organic search engine rankings. We have a wide range of options including completely free collaborations, sponsored posts, guest posts and banner ads. If this sounds of interest, please reach out to the senior business development manager, Anita at info@thewellconnection.co.uk and whatsapp +447395206515 (GMT) Kind regards Clifton Junior Outreach Assistant

HB851 - Discovery; electronic means.
No Comments Available
HB869 - Unlawful picketing or parading to obstruct or influence justice; penalty.
No Comments Available
HB895 - Protective orders; venue.
HB1014 - Public defender offices; establishes in City of Harrisonburg and County of Rockingham.
Last Name: Cordeaux Locality: Newark

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Last Name: Spiro Locality: Hamburg Finkenwerder

Hi I am writing to you on behalf of The Well Connection UK, a media and publishing company. We could easily get virginia.gov featured in various publications such as magazines, online blogs and news sites. This would undoubtedly help virginia.gov with publicity, reputation, domain authority and organic search engine rankings. We have a wide range of options including completely free collaborations, sponsored posts, guest posts and banner ads. If this sounds of interest, please reach out to the senior business development manager, Anita at info@thewellconnection.co.uk and whatsapp +447395206515 (GMT) Kind regards Clifton Junior Outreach Assistant

Last Name: Yoder Organization: Valley Justice Coalition Locality: Harrisonburg

Our Harrisonburg/Rockingham County community is one of only two jurisdictions of our size in the commonwealth that does not have a public defender's office, and our pool of court appointed attorneys available to represent indigent clients has shrunk dramatically. Please give an approval your full consideration.

Last Name: Turner Organization: Lindale Mennonite/Valley Justice Coalition Locality: Harrisonburg

I am writing to ask you to please establish a Public Defender Office in Harrisonburg/Rockingham Co. The number of attorneys willing to be a Court Appointed Attorney has dropped dramatically in our area since the pandemic. Our Commonwealth Attorney, Marsha Garst, has gone on record supporting the establishment of the office. It would reduce appealable convictions that cost the locality both time and money. Please vote YES for HB1014 and give this office to the 2nd largest locality in the State that current does not have this service. Thank you.

HB1090 - Tobacco products, etc.; prohibiting purchase or possession by persons under 21 years of age.
Last Name: Lovely Locality: Henrico

I wholeheartedly support this! Tobacco products are being WIDELY used by young people and this needs to stop!

HB1143 - Child pornography; renaming as child sexual abuse material in the Code.
Last Name: Lovely Locality: Henrico

I support this change, as it precisely describes the crime.

Last Name: Lynch Organization: National Center for Missing & Exploited Children Locality: Alexandria

Comments Document

UPDATED TESTIMONY: I write on behalf of the National Center for Missing & Exploited Children in strong support of HB 1143, legislation that replaces the term "child pornography" with the term "child sexual abuse material" throughout the Virginia Code. The term child sexual abuse material more accurately communicates the true, and devastating impact that producing, possessing, receiving, and distributing sexually explicit material depicting minors has on the child victims whose sexual abuse is memorialized in these harmful images. We know that words have power. Pornography implies consent, and the term "child pornography" implies consent that a child cannot legally provide. Revising state law to call this abusive content exactly what it is—child sexual abuse material—will further ensure that Virginia's statutory law unequivocally recognizes the devastating impact of sexual abuse material on children. NCMEC has long advocated for use of the phrase, "child sexual abuse material," because terminology like "child pornography" is both inadequate and inaccurate to describe the rape and sexual abuse of children. • The term child sexual abuse material communicates the actual circumstances of a child’s abuse and the trauma inflicted on them by the filming of the abuse and the distribution of abusive images and videos by offenders online. • Images and videos of the rape and sexual abuse of children are crime scene photos, and Virginia's statutory term should reflect the actual crime, rather than the euphemistic reference to pornography, which connotes legal sexual activity. • Removing the term pornography from the legal definition appropriately conveys that the child victim has no consent, no control and no choice relating to their sexual victimization or the recording and dissemination of materials documenting their abuse. • The continued colloquial use of terms like "child pornography", “kiddie porn” or “sex with a child” culturally normalize the abuse and can desensitize others to think of the abuse as “just pictures.” By changing the term to child sexual abuse material, Virginia will accurately describe these images as illegal contraband and statutorily convey the damaging trauma inflicted on children by the circulation of their abusive images. Prompt action by the General Assembly will ensure that Virginia remains at the forefront of child protection law. State legislatures are actively revising "child pornography" statutes to ensure that the language of the law reflects the nature of the harm. Nine States already use a term other than "child pornography" to statutorily address sexual depictions of minors (Arkansas, Maine, Montana, Nevada, New Hampshire, New Mexico, Utah, Vermont and Washington State), and currently Missouri, Oklahoma, and Pennsylvania are advancing similar legislation. In Congress, two active bills include changes to federal law that specifically adopt the term “Child Sexual Abuse Material” as replacement for “child pornography”. A survivor of child sexual abuse may never resolve the physical anguish caused by the degradation of their bodies or recover from mental injuries caused by their abusers, but with the passage of HB 1143, child survivors in Virginia will know that memorialization of their abuse will be called exactly what it is—child sexual abuse material. I urge the members of this Committee to provide a favorable report for HB 1143. Respectfully submitted, Daton A. Lynch State Policy Counsel

Last Name: Lynch Organization: National Center for Missing & Exploited Children Locality: Reston

Comments Document

I write on behalf of the National Center for Missing & Exploited Children in strong support of HB 1143, legislation that replaces the term "child pornography" with the term "child sexual abuse material" throughout the Virginia Code. The term child sexual abuse material more accurately communicates the true, and devastating impact that producing, possessing, receiving, and distributing sexually explicit material depicting minors has on the child victims whose sexual abuse is memorialized in these harmful images. Pornography implies consent, and the term "child pornography" implies consent that a child cannot legally provide Revising state law to call this abusive content exactly what it is—child sexual abuse material—will further ensure that Virginia's statutory law unequivocally recognizes the devastating impact of sexual abuse material on children. NCMEC has long advocated for use of the phrase, "child sexual abuse material," because terminology like "child pornography" is both inadequate and inaccurate to describe the rape and sexual abuse of children. • The term child sexual abuse material communicates the actual circumstances of a child’s abuse and the trauma inflicted on them by the filming of the abuse and the distribution of abusive images and videos by offenders online. • Images and videos of the rape and sexual abuse of children are crime scene photos, and Virginia's statutory term should reflect the actual crime, rather than the euphemistic reference to pornography, which connotes legal sexual activity. • Removing the term pornography from the legal definition appropriately conveys that the child victim has no consent, no control and no choice relating to their sexual victimization or the recording and dissemination of materials documenting their abuse. • The continued colloquial use of terms like "child pornography", “kiddie porn” or “sex with a child” culturally normalize the abuse and can desensitize others to think of the abuse as “just pictures.” By changing the term to child sexual abuse material, Virginia will accurately describe these images as illegal contraband and statutorily convey the damaging trauma inflicted on children by the circulation of their abusive images. Prompt action by General Assembly will ensure that Virginia remains at the forefront of child protection law. State legislatures are actively revising "child pornography" statutes to ensure that the language of the law reflects the nature of the harm. Nine States already use a term other than "child pornography" to statutorily address sexual depictions of minors (Arkansas, Maine, Montana, Nevada, New Hampshire, New Mexico, Utah, Vermont and Washington State), and currently Missouri, Oklahoma, and Pennsylvania are advancing similar legislation. In Congress, two active bills include changes to federal law that specifically adopt the term “Child Sexual Abuse Material” as replacement for “child pornography”. A survivor of child sexual abuse may never resolve the physical anguish caused by the degradation of their bodies or recover from mental injuries caused by their abusers, but with the passage of HB 1143, child survivors in Virginia will know that memorialization of their abuse will be called exactly what it is—child sexual abuse material. I urge the members of this Committee to provide a favorable report for HB 1143. Respectfully submitted, Daton A. Lynch State Policy Counsel

Last Name: Mahaney Locality: MIDLOTHIAN

There is power in words!! This unnecessary change just furthers the ostracization of people who have been charged with crimes related to sexual offenses. We have already made it nearly impossible for persons on the sex offender registry to regain any semblance of dignity as returning citizens in our communities. We have placed barriers to employment, housing and publicized offenses with merciless humiliation. I am an advocate for child protection, but there are other victims in these cases. The law is expansive and casts a wide net which includes people who are not the monsters they are purported to be. In addition, most people don't know that 'real' people are not even always involved. The current damage is sufficient without adding to the disenfranchisement.

HB1150 - Live or recorded threats over public airways or by other means; penalty.
No Comments Available
HB1240 - Sale of nicotine vapor product, alternative nicotine product, etc.; increases civil penalties.
Last Name: Turner Organization: Valley Justice Coalition Locality: Harrisonburg

I am a member of the Valley Justice Coalition and we strongly support the establishment of a Public Defender Office in Harrisonburg/Rockingham Co. The number of attorneys willing to accept Court Appointed Cases has decreased dramatically since the pandemic in our area. Those willing to take the cases do not have the time nor receive adequate compensation to satisfactorily represent needy clients. This results in appealable cases costing the court time and money. Our Commonwealth's Attorney, Marsha Garst, has gone on record as supporting the establishment of the office in the 2nd largest jurisdiction that still doesn't have a Public Defender Office. Please vote YES for HB1014.

End of Comments