Public Comments for 01/29/2024 Courts of Justice - Criminal
HB452 - First offender drug program; previous misdemeanor marijuana conviction, etc.
HB455 - Controlled substances; possession of an item containing residue of a substance, penalty.
Hb455 Vote yes. Less than a gram is barely anything and shouldn't carry the same sentence as higher volumes as drugs
HB520 - Summons; promise to appear after issuance, issuance of summons instead of warrant in certain cases.
HB684 - Issuing citations; certain traffic offenses.
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If you want to make us safer, pass this.
No- no to increased policing!
No! reduce, do not create, new interactions with policing system, that will disproportionately harm communities of color
HB768 - Child victims and witnesses; using two-way closed-circuit television, expands age range.
Hb768 Vote yes. Children shouldn't be subjected to having to testify in front of an abuser
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.
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.
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.
HB803 - Juveniles; expungement of court records.
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I oppose your idea of excusing juveniles of their criminal records. This is one of the reasons our society has been plagued by ill-behaved in schools and the public sector. I do agree it depends upon the severity of the circumstances because we all make mistakes, but some are more serious than others and must be recorded. Most of all the home is where it all begins. Parents are the child’s first teachers.
Hb803: vote yes. A lot of children make mistakes, sometimes horrible ones but having a criminal record inhibits them from becoming successful adults. We need kids to grow up to be healthy, contributing members of society
Vote no
HB838 - Police and court records; expungement, definition of "otherwise dismissed."
My name is Cherry Henley. I am the Director of Lending Hands. Lending Hands is an organization that provides supportive services for returning citizens in the Charlottesville VA area. For this reason I am in support of House Bill 838. On a daily basis I see the struggles of those trying to rebuild their lives after incarceration. Lending Hands is in collaboration with the Expungement Council. This bill “ automatic dismissal” would allow many more Virginians the opportunity of fair housing and employment. Let’s support those who are working to a more successful transition.
I support this bill because everyone deserves to have their records expunged if they have already done what they needed to.
HB956 - Misdemeanor; maximum term of confinement.
HB972 - Defendant; prohibiting inquiry into immigration status, notification of consequences.
HB1086 - Admission of evidence; evidentiary hearing, excluded persons.
I am advocating for rapper victims to have a support person in the court room during the rape shield.
HB1114 - Failure to appear; contempt of court, penalties.
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.
HB1187 - Xylazine; penalty for manufacturing, selling, etc., for human consumption.
HB1187 Vote no
HB1217 - Cell phone records; investigation of missing persons.
HB1242 - Emergency custody and temporary detention orders; evaluations, presence of others.
Thank you for your time in considering this bill from the viewpoint of the many Virginia families dealing with a loved one’s mental illness. Please pass this bill. It provides 2 caveats to permitting others: safety risk and medical risk. The facility has taken extraordinary safety precautions by isolating the ECO subject from the rest of the facility and having law enforcement present. The ECO subject is unarmed. Mental illness agitation episodes are easily misinterpreted as aggressive and combative, and the law enforcement officer can turn it into an unfortunate criminal charge. Additionally, the very presence of a law enforcement officer can be frightening and intimidating, and worsen the episodic behavior rather than de escalating it. Alternatively, a family member experienced with the mental illness episodes and whom the ECO subject trusts can be a reassuring and calming influence. The facility has visitation policies in place and the physician is in a position to enforce them and determine if the family member is an appropriate visitor. The second caveat is medical risk. The physician is the appropriate person to determine if there is a medical risk or if the the visitor’s presence interferes with the assessment and stabilization process to determine if a detention order is appropriate. Thank you for your time reading my comments and your careful consideration of the family-oriented improvements to this bill.
HB1242 is important to help calm individuals in a mental health crisis and prevent them from further destabilization while in custody awaiting treatment. If this bill had been in effect already, it could have helped prevent the eventual death of Irvo Otieno by allowing his mother and closest supporter to be with him and calm him when he was taken to a medical facility for emergency treatment during a mental health crisis. The bill is limited to situations in which the individual being treated wants the family member to be present.
HB1264 - Traffic infractions; discretionary juvenile fines, costs, and fees.
Attached please find written testimony from Juvenile Law Center in support of HB 1264.
HB1443 - Trial by jury; contact with jurors after trial prohibited, penalty.
I strongly oppose HB1443 unless it is changed to only apply to criminal cases, where there is a constitutional right to counsel and it doesn't clearly bias the system against defendants as it does in civil cases. Pro se defendants in civil cases face enough barriers already without being literally told here that they are not allowed to do something that attorneys apparently can, as there are no clear professional canons restricting post-trial contact by attorneys with jurors or other parties. It is unclear to me what inspired the demand for this bill, but it clearly hasn't been thought through enough considering how lopsided its effect is. For some kinds of civil cases, in many parts of the state, it is nearly impossible to find a lawyer at all. The General Assembly should not be sending the signal that they are taking sides with wealthy litigants. PLEASE VOTE NO ON HB1443!
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.
HB167 - Special grand juries; circuit court to impanel when an unarmed person is killed by law enforcement.