Public Comments for 01/26/2024 Courts of Justice - Criminal
HB266 - Custodial interrogation of a child; failure to comply with section, inadmissibility of statement.
Hb266 vote yes. Law enforcement should have to follow current law and if they don't, the child's statements shouldn't be used in court
I urge you to support this important legislation to protect kids who are particularly vulnerable in police interrogations. As the law stands now, there is no effective enforcement mechanism when children’s parents are not notified.
We support all juvenile criminal justice reform bills!
HB268 - Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim.
We support all juvenile criminal justice reform bills!
Shared Hope International is a non-profit organization dedicated to preventing, restoring, and bringing justice to survivors of child and youth sex trafficking. Shared Hope has been working in Virginia, across the country, and throughout the globe for over 20 years to guide and support appropriate responses to protect survivors, hold offenders to account, and ultimately prevent the crime entirely. While ideally we would like to see these victims kept out of any punitive system and met with a protective—rather than punitive—response, we support this bill as a step in the right direction and support this bill. Too often, the criminal legal system fails to respond in a trauma-informed and age-appropriate way to children who engage in delinquent or criminal conduct. The vast majority of children involved in the criminal legal system are contending with early childhood trauma and unmitigated Adverse Childhood Experiences (ACEs), including psychological, physical, and/or sexual abuse; witnessing domestic violence; living with family members who are substance abusers, suffer from mental illness or suicidal ideation, or are incarcerated. Studies have shown that approximately 90 percent of children in the juvenile justice system have experienced at least two ACEs, and 27 percent of boys and 45 percent of girls have experienced at least five ACEs. HB 268 helps Virginia align with the human rights principles to foster the physical, psychological, and social recovery of child survivors of abuse and exploitation. By keeping child victims who defend themselves against their abusers in the juvenile justice system—instead of transferring them to adult courts—youth will be afforded a more individualized and rehabilitative response, and a better opportunity to make a life for themselves after the trauma of sexual abuse.
I am writing in support of HB268 as an important step towards recognizing minors as victims and not criminals in these cases. As a clinical psychologist I have had longstanding concerns about the impact on minors when their victimization and resulting responses to it are perceived as criminal acts. The psychological damage done to minors when this kind of victim blaming occurs only serves to increase the depth and complexity of the trauma they must already bear as a result of the original abuse. When someone experiences a traumatic experience such as the violations involved with trafficking, sexual abuse and/or rape the most common responses the body will employ are known as the 4F's (fight, flight, freeze & fawn.) Sometimes individuals instinctually employ one of the last three of these by trying to flee their abuser when possible, freezing which often also includes feeling numb or dissociating from the moment, or fawning which refers to trying to placate or please their abuser. It is possible that a juvenile defendant could commit and alleged offense as a result of one of these responses. It is even more likely however that the self-explanatory fight response to trauma could understandably result in behavior that could be brought before the court as an alleged offense. All four of these are predictable human responses to traumatic experiences and the most appropriate response is for trauma victims to be offered treatment and services rather than a punitive response. I support this bill as written given that it is an important step towards providing essential care to child victims, yet I am also urging members to consider the following amendments. Where I would differ with this bill as written is that the most advantageous place for treatment and services to occur is not within the juvenile justice system, but rather a more trauma informed therapeutic environment such as a specialized treatment program. A social services response that diverts a child victim away from the juvenile justice system entirely would send a much clearer message to child victims that what happened was not their fault and that they are not being penalized for protecting themselves from their abuser.
HB295 - Protective orders; prohibits parent of a minor from filing a petition for family abuse, etc.
HB470 - Minor; petition for child in need of services or supervision.
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.
HB520 - Summons; promise to appear after issuance, issuance of summons instead of warrant in certain cases.
HB635 - Juveniles; confidentiality of Department records, law-enforcement access, victim notification.
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.
HB772 - Minors; parental admission for inpatient treatment.
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
HB837 - Juvenile and domestic relations district court; recording of proceedings.
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.
HB1146 - Address Confidentiality Program; expands to victims of child abduction.
The National Center for Missing & Exploited Children (NCMEC) submits this letter in support of House Bill 1146, legislation that will authorize child victims of abduction—and their families—to receive statutory access to the same vital address confidentiality protections that are available to other crime victims of trauma and abuse under Va. Code Ann. § 2.2-515.2. Abduction is a traumatic form of victimization for children. Similar to victims of domestic violence, sexual offenses, and stalking, child abduction survivors endure years of trauma from the victimization suffered at the hands of their abductors. Child victims of abduction may live in persistent fear that their abductors will locate and take them again. Because the most common form of abduction is a family abduction, the fear that an estranged family member could use public records to locate, contact and harm the child is very real. Address confidentiality is particularly useful in cases of family abduction where the abductor or estranged family members close to the abductor might initiate unwanted contact with a child survivor and retraumatize the child. HB 1146 empowers child victims of abduction—and their families—to rebuild their lives using the protections by ensuring that perpetrators can no longer use public resources to locate, harass and harm them. Enactment of this legislation will: 1) Place Virginia among the nation's leaders in address confidentiality protections. Jurisdictions across the country are adapting to the emerging needs of child victims and the devastating impact of abduction on children and families. Since 2022, nine (9) States enacted address confidentiality program amendments with specific provisions to enable abduction/kidnapping victims to enroll. 2) Result in minimal fiscal impact. Authorizing child victims of abduction to enroll in the Address Confidentiality Program will have minimal to no fiscal impact on the State budget but will have an inestimable positive impact on the peace of mind of these child victims. In light of the unique needs of child victims of abduction and their families and the existing services provided by the Address Confidentiality Program, NCMEC respectfully requests a favorable committee report for HB 1146. Respectfully submitted; Daton Lynch State Policy Counsel
HB1228 - Virginia Criminal Sentencing Commission; court records, online access to case management systems.
HB1263 - Abolition of juvenile fines and fees; criminal offenses.
Hb1263 vote yes. Children are not in a financial position to pay court fees and financial issues dont set them up for success
HB1264 - Traffic infractions; discretionary juvenile fines, costs, and fees.
Attached please find written testimony from Juvenile Law Center in support of HB 1264.
HB1420 - Juveniles; adjudication of delinquency.
We support all juvenile criminal justice reform bills!
See attached.
Shared Hope supports establishing a minimum age for juvenile court jurisdiction to ensure the provision of a developmentally appropriate response.
Testimony on behalf of the National Juvenile Justice Network in support of HB 1420 establishing a minimum age of 11 years old for juvenile adjudication.
HB244 - Protective orders; prohibits parent of a minor from filing a petition for family abuse order, etc.