I support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully request that it is heard in Appropriations and receives your "Aye" vote.

Both organizations thank you for supporting Del Jones, 5028 that provides workers comp that will help there is Covid-19 infection. Both school counselors and volunteer firefighters are on the front line, providing critical services. Please report HN 5028

Persist Fairfax, a local grassroots activist organization in Fairfax County, is pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. In the course of our work in Fairfax County, and throughout Virginia, we feel that our communities will be better served by the system established in the Marcus Alert Bill, rather than by police officers. It is important that we nurture our communities by providing appropriate help to people in need, allowing everyone to have a higher quality of life. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, Persist Fairfax is in full support of HB 5043 (Bourne) and respectfully requests that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Nora Dell Co-founder, Persist Fairfax and Citizen of Reston, Virginia.

In support of: HB5013 - The state should not fund the defense of personal damages done by bad actors working beyond the scope of their duties and allowance. HB5049 - There is no case within the scope of the defined departments that should require the use of such weaponry and in fact, by their presence, create the same dangerous situations they are implied to address. HB5051 - Bad apples are allowed to circulate and, easily preventable, future harm and financial costs are currently overlooked. Repeat bad actors should not be able to find home in Virginia. HB5069 - Common and obvious requirement held across many other localities. HB5029 - Support, but have doubts of any level of enforcement. HB5208

Good afternoon Chairman Torian and members of the committee, The lack of paid medical and family leave in Virginia continues to harm workers and their families, and COVID-19 has hit hardest those who are least able to afford a missed paycheck or job loss. The existing gender disparities are even more stark now, with women having lower employment in jobs that accommodate working from home. Only 22 percent of working women are employed in jobs that are considered capable of being done from home or remotely. Low-wage workers (foodservice, personal health care, and childcare workers) are the least likely to have paid sick days or PTO. More than 80 percent of food industry workers and 75 percent of child care workers have no paid sick days. Most of these workers are women. Women are therefore more at risk of redundancy or adverse employment consequences during this economic crisis, the direct opposite of the situation in 2008 when men were hit harder by that economic downturn. The effects of the virus are only compounded by already existing gender disparities. No matter what the job is, women in the workforce are more vulnerable during this time. Childcare and caregiving most often falls to women. And with 15 million SINGLE mothers in the workforce, the burden of caregiving disproportionately falls on them. Some 21 percent of children under 18 live with their mother only, compared to 4 percent who live with their father. The bill before you does not address all of the inequities that have been highlighted by this pandemic, but it will offer an important reprieve for workers who are sick and is an important addition to the other measures taken by this body and the Governor to stem the spread of Covid 19. When a worker takes 3.5 unpaid sick days, the average family loses a month’s worth of groceries. Workers are forced to choose between feeding their families and caring for themselves or their children. Workers and their families need to be able to stay home if they contract COVID-19. No one wants sick workers to risk spreading or contracting COVID-19. Let’s join the 15 states already have paid sick days: Arizona, California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. Colorado recently passed a paid sick days standard and paid quarantine leave for COVID-19. While Virginia really needs real childcare and paid family and medical leave legislation which we hope you will take up next session, please do the least you can do for Virginia’s workers and vote for a paid sick day leave to offer necessary relief during the current crisis. Thank you, Galina Varchena, Policy Director, NARAL Pro-Choice Virginia

Mr. Chairman and members of the Committee, the Virginia Association of School Superintendents has serious concern over this bill. We understand the intent is to feed more students in a free compacity and schools would like to accomplish this goal. However, School division budgets have been torn apart during this crisis. With the proposed reduction in sales tax in the State Budget and the inadequate federal reimbursement under this program for non-free lunch students., the burden on school budgets would be huge. Just simply, this is not the time to mandate this process without sufficient funding from the state to cover lost revenues. Superintendents have contacted me indicating that the fiscal impact could range from $1,500,000 in a large school division to $800,000 in a medium size division to $120,000 in a small rural division in Southwest Virginia. Thus, until the State could provide added support, we ask that you not move this bill forward.

I am a social worker & therapist in Richmond VA. Thank you Jeff Bourne for introducing this monumental legislation that will protect our most vulnerable Virginians. It is one thing to experience a deprivation of rights; this can be traumatic, and as a social worker I see that one traumatic experience changes the entire course of someone's life. It is another thing to try to seek justice for that deprivation of rights and be met with no options. That can be another source of distress and trauma. As legislators you hold power to create protections for vulnerable populations. Without legal protections, there is no pathway to seek justice. There is only risk for future harms. Please support HB 5013! I appreciate each and every one of you!

HB 5043 was removed, unfortunately, from the House Appropriations. Chair Torian, and Delegate Bourne, SALT supports this legislation and requests that it be heard. You had more than enough time to determine the cost of the bill, and it is long past time to take action! Budgets reflect priorities and are surely moral documents. It is time for the General Assembly to show that saving Black lives is a priority and is not an optional moral matter, one that can be deferred to another time.

Dear Committee members, On behalf of the ACLU of Virginia and its more than 100,000 members and supporters in Virginia, we urge the committee to pass HB 5013 that would create a way for community members to sue police in state court over police violence without the shield of qualified immunity. Currently under Virginia law, victims of brutality or harassment by law enforcement have no ability to hold offending officers accountable for their actions. The result is that police officers have little incentive to follow the law and improve their practices. This ultimately undermines safety and justice for everyone, especially Black and Brown people who are more likely to be the target of police misconduct. Virginia must enact a law that allows Virginians to sue for money damages in state courts when they’re hurt by unconstitutional police violence. HB 5013 makes clear that “qualified immunity” is not a defense to these state lawsuits, so police no longer have this legal shield to hide behind. Virginia law should authorize people in Virginia to bring lawsuits in state court to recover damages when they’re hurt by police violence. Real harm done to an individual deserves real compensation. Although many say Qualified Immunity is a complicated “legal doctrine”, HB 5013 is crafted in a way that will allow an avenue for community members to hold police accountable in the courts. We will not be the first state to do this and the reality is that Qualified Immunity is terrible law and terrible policy. It is an outdated doctrine that essentially provides “a free pass” for police officers who violate constitutional rights. Ordinary people—whether they’re doctors, lawyers, or construction workers—are expected to follow the law. If they violate someone else’s legal rights, they can be sued and required to pay for the injuries they’ve caused. Under the doctrine of qualified immunity, police officers are held to a much lower standard. Today, we hear about police shooting after police shooting where officers are rarely if ever held accountable by the criminal legal system, either because prosecutors decline to charge, because grand juries decline to indict, or because juries decline to convict. Qualified immunity takes away the other avenue that victims of police violence should have available to hold police accountable. Passing legislation to create a state cause of action would answer the call of Virginians who are demanding accountability for officers who use their power to harm Black and Brown. The legal rights of Virginians should be decided in Virginia courts, by Virginia juries, with Virginia judges. Virginians deserve better. We need a system that holds law enforcement officers accountable. Enough is enough. Too many Black and Brown lives have been lost to police violence. Black and Brown communities have been devastated for decades by over-policing and mass incarceration, as well as the economic, social, and human costs that come with them. We can no longer be silent. The time for action is now. Thank you for your time. Sincerly, Ashna Khanna - Legislative Director of the ACLU of Virginia

Good Afternoon, My name is Semora Ward and I am a community organizer at the Virginia Black Leadership Organizing Collaborative or VA BLOC. We do work throughout Hampton and Newport News VA and for the past three years we have been working on the issue of childhood hunger in our community, specifically focusing on hunger in schools and unnecessary debt. I am here to ask that you vote YES to HB5113, which would tremendously benefit the children in my community. The Community Eligibility Provision, or CEP, is a federal meal service option that offers free meals to all students attending participating schools which are eligible based on an indicator of need. According to the most recent reports available from the VDOE, in Hampton there are currently 10 eligible schools to participate in this federal program that are not currently enrolled. Some of these sites have been eligible for many years however Hampton City Schools refuses to enroll all eligible schools. On top of that, their policy was to discard trays when kids couldn’t pay and send unpaid meal debt to collections. The debt is now sent to the Treasurer's office, but it is still unclear what happens when families still can’t pay. Community members have had to step up to fill the gap and fundraise to help pay down some of the school meal debt. Over the past 3 years our amazing members have raised over 8,000 dollars to help erase the debt. And while we are pleased with these efforts and the outpouring of community support, we should have never had to do this in the first place. Thanks to your work in passing HB697 last session, schools must no longer discard trays because a child can’t pay. But once again, children and families in the Commonwealth need for you to step in and take action. In Hampton 48% of children come from a home that is considered economically disadvantaged meaning that they are living at or below 200% of the Federal Poverty Line making the costs of school meals a more significant burden than you might imagine. In many cases these families make “too much” to qualify for free or reduced price lunch but not enough to afford meal costs on their own. This was the reality that nearly 1 in 2 families faced before the economic hardships brought on by the covid pandemic. I urge you to vote yes to HB5113 and support families throughout the Commonwealth who live in localities where help is available and simply not being utilized. Had HB5113 been law already, thousands of students would’ve been spared from being denied meals and thousands of families would not have to shoulder the financial burden of school meal debt, debt that many families will not be able to afford in the midst of a pandemic. The time is now for the state to step in, because as evidenced by the history of Hampton City Schools, leaving this decision up to localities does not always lead to the best outcomes for students, families, and our communities. On behalf of the Virginia Black Leadership Organizing Collaborative and all of our members, I urge you to vote YES to HB5113. Thank you and stay safe.

HB 5013 I do not think HB 5013 is going to accomplish the goals the patron is seeking. Qualified Immunity does not grant complete immunity to law enforcement as some think. It only prevents frivolous law suits from being heard in order to reduce the expenses associated with the State and localities defending such suits. As the impact statement shows a $2.6 million increase to cover these extra suits filed and an unknown figure to cover the court time for all involved. Bad cops can and are being held accountable for the improper actions in Virginia. There is no reason to increase the tax burden on Virginia citizens for actions that occurred outside VA. The over whelming majority of law enforcement, especially in VA, are our home town heroes that keep our communities safe. The impact of this anti-law enforcement agenda is going to be felt in all communities. The negative impact on recruitment and retention of law enforcement officers is already being felt in agencies. Law enforcement is not the highest paid careers in the State and it is already difficult to get good officers. I feel that if this bill passes the General Assembly, there will be a 15% reduction in law enforcement officers through retirements and simply the wish to not expose their family to the increased liability on the day the law goes into effect ! How will you protect the citizens when there is no one for 9-1-1 dispatchers to send? The majority of law enforcement officers enter the field because they want to contribute to the safety of the place they call home. They realize each day they leave the home, could be the last. Most are not going to be willing to accept the increased liability you are considering in this bill ! Please vote NO on HB- 5013, the lives of Virginians depend on it.

Good Afternoon, As a Steering Committee Member for the VA Coalition for Transforming Police and a local Community Services Board member am pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. I am a community Service Board member for Loudoun County and am the family member of someone who has PTSD. Knowing that my brother, who is a Veteran Marine and served 3 Tours resulting in his PTSD diagnosis, could have a triggering event that could cause the police to be called and without the proper training and education could result in his death. I implore that legislation is created that will PROTECT MY MARINE VETERAN BROTHER, who put himself on the line to protect us here in America. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully request that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Theresa Quitto-Dickerson Steering Committee Member VA Coalition for Transforming Police

As a 47 year resident of and voter in Fairfax County, I strongly urge you to return HB5043 to the docket and vote it into law. Addressing issues of mental health is absolutely vital - more so than ever during these very trying and unsettling times. Bob Tripp Reston

To speak on HB 5013

My name is Lee Anne Williams and I live in Senate District 10 and House District 69. Thank you for this opportunity to share my views. Budgets reflect priorities, and it's time for the Virginia General Assembly to show they prioritize saving Black lives. I am here today to ask you to prioritize and support a majority of the bills before you today. I plan to make one initial statement and ask for you to pass them all as a block, and keep my comments brief for the remainder of todays hearing. Many of todays bills are common sense reforms meant to correct systemic structures of oppression, injustice and abuse that are long overdue. Others address the COVID-19 pandemic that has perpetuated both the health and economic inequity crisis. We need to ensure that our most effected communities in Virginia are protected and supported through these challenging times. I’m also here to ask you to docket Delegate Jeffrey Bournes Marcus Alert Bill HB5043. Your support of these bill will help to advance the transformation we are fighting to realize here in Virginia. Thank you for your time and consideration.

Dear Delegates: I am writing in support of HB5043 and respectfully request that it be heard in Appropriations in today’s meeting. We have a tremendous opportunity to change the historical narrative by reimagining the way our commonwealth responds to mental health crisis in our communities. The pipeline of mental health issues being handled through our penal system must stop. Virginia must move away from the use of police officers as the first responders for individuals experiencing a a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can do so. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 and respectfully request that it is heard in Appropriations. Sincerely, Lydia J. Lewis Member of the Unitarian Universalist Congregation of Fairfax

I support HB 5043

I wholeheartedly support criminal justice reform and as constituent and Moms Demand Action volunteer, request you to take these bills into serious consideration for the state of Virginia. We must end police brutality!

I'm writing in to support passage of HB 5113. No child should go hungry when we have the means to solve a simple problem. Though we in Fairfax county are blessed with an abundance of options, our neighbors a few counties over live in a food dessert. We need to work towards bettering the lives of all Virginians by bettering the education and future we provide for our children. That starts by making sure they have enough to eat.

My name is Andrea Walker. I live in Senate/House District 45/30, respectively, and I am a member of the VA Coalition to Transform Policing. I am testifying to ask you to vote in support of HB 5072. It allows the Atty Gen'l to file a civil suit when there is reasonable cause that a pattern or practice of police misconduct exists. We cannot let police misconduct continue to be unaddressed. Our country, our democracy demand our action. Thank you for listening.

For those who are Black, Latinx, Indigenous, unhoused, or in a mental health crisis, calling the police can be dangerous. We must pass the #MarcusAlert to ensure those who are best suited to respond to emergencies can. @DelegateTorian @EFillerCorn @JeffMBourne Many people in marginalized communities will not call the police for help - putting them and loved ones at increased risk. The #MarcusAlert will fund safe and effective responses to mental health emergencies. @DelegateTorian @EFillerCorn @JeffMBourne It is time we prioritize the urgent needs of Black and Brown communities, starting with mental health responses. The #MarcusAlert will ensure those with deep knowledge of mental health support are able to provide appropriate and cost-saving responses to mental health crises. @DelegateTorian @EFillerCorn @JeffMBourne HB 5043 is an opportunity to invest in culturally appropriate mental health emergency responses that are more effective than police and save money in times of crisis. #MarcusAlert. @DelegateTorian @EFillerCorn @JeffMBourne Communities across Virginia are frustrated and are sending a clear message: we must fund solutions that save lives. @DelegateTorian, please fund and support the #MarcusAlert, HB 5043, and create community-based mental health responses to emergencies. @DelegateTorian @EFillerCorn @JeffMBourne I support the #MarcusAlert, HB 5043, because (why you believe we need to invest in community-based care and response to crises, not police). @DelegateTorian @EFillerCorn @JeffMBourne please fund the #MarcusAlert in the VA budget.

I encourage to please reconsider your decision regarding the Marcus Alert, and allow it to be presented at this time.

VA Coalition for Transforming Police is pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. Mental health has been ignored for way to long. It’s time to act now

As a member of the Virginia community, I am pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. This bill is so important to me personally and to my community. I also believe that this is important for police systems as well. Police are not trained, not thoroughly, not enough (unless they personally chose to also major in and receive a degree and further training in practice as a mental health professionally) as mental health professionals, and even when they are, that is not the focus or system of approach that police systems take in responding to a call or the perception of a "threat." We *need*, we are Past Due, to shift funding from Police systems to community support and community of care services, in the case of this bill, especially mental health professionals. We need the Marcus Alert and full funding to support its full implementation across Virginia to improve crisis response for every individual and all of our communities. I have worked in institutions open to the public for a long time and have seen the difference between a mental health professional and a police officer responding to such a crisis call. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully requests that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Virginia Pannabecker

I’m writing in support of ending qualified immunity. Criminals are criminals, whether they hide behind a badge or not, and should be treated as & charged as such. Qualified immunity makes no sense...unless the goal is to have government thugs, in which case it works. However, in order to protect our rights as American citizens in “the land of the ‘free’” (I’m a military brat and that quote is laughable), qualified immunity should not exist. It makes it so that we can not and will not hold these criminals accountable. This nation needs a lot of things and accountability is one of those. Please. History is watching.

Moms Demand is pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully requests that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Gayatri Manoharan

Dear Honorable Committee Members, I respectfully urge the committee to appropriate funds for HB 5043 Mental health awareness response and community understanding services (Marcus) alert system. This is a step towards prevention - which is cost savings. Having police, who are not experts in behavioral health issues be first responders for Virginians in crisis is more costly, life threatening, and increases the burdens to both the criminal justice and health systems in Virginia. With mental health illnesses on the rise amid the global pandemic, economic downfall, and civil unrest - funding changes that will make the system work smarter, not harder - are essential. I urge the committee to fund HB 5043 - (Marcus) alert system. Sincerely, Sarah Giardenelli, ND, MSOM, LAc

On behalf of the City of Chesapeake and members of Chesapeake City Council, I am writing in opposition to HB 5013 (Bourne) the City of Chesapeake is concerned that the proposed legislation: (1) creates a civil action for the deprivation of a person's rights by a law/enforcement officer and provides that a plaintiff may be awarded compensatory damages, punitive damages, and equitable relief, as well as reasonable attorney fees and costs; (2) imposes upon a law/enforcement officer's employer, a duty to exercise reasonable care to control a law/enforcement officer's conduct while such officer is acting outside the scope of his employment; (3) states that an employer has a duty of reasonable care to third parties in the supervision and training of law/enforcement officers for whose services it employs or contracts; "The City of Chesapeake adheres to the principles of equal employment opportunity. This policy extends to all programs and services supported by the City." ( 4) provides that an employer is liable to a vulnerable victim, for the tortious or criminal conduct of a law, enforcement officer it employs or contracts for his services; and (5) provides that sovereign immunity and governmental immunity shall not apply to such actions specified or created in the bill. HB 5013 represents an unprecedented attack on the sovereign immunity of the Commonwealth of Virginia, the City of Chesapeake and local governments across the Commonwealth. In particular, the Chesapeake City Council opposes the following provision in the introduced bill: ~ 8.01-42.7 (B) An employer is under a duty to exercise reasonable care to control a law, enforcement officer it employs or contracts for the services of, while the officer is acting outside the scope of such officer's employment or contract for services, so as to prevent such officer from intentionally harming third parties or from conducting himself so as to create an unreasonable risk of bodily harm to such third parties, if the law, enforcement officer is (i) upon a premises in possession or control of the employer, (ii) is at any premises or location because of or incidental to work being done for such employer, or (iii) is using chattel of such employer. This provision, imposing a duty of care and oversight upon the Commonwealth and local governments of law enforcement officer's off-duty conduct, represents severe overreach and a perilous path forward. The fiscal implications for localities will be tremendous as insurance costs are certain to substantially increase, particularly for larger localities. While the Chesapeake City Council appreciates and recognizes the hard work you and you're colleagues are doing on behalf of the Commonwealth and its citizens, the Council cannot support this particular legislation or any piece of legislation that will put our municipal government at risk. Again thank you for your time and service to our Commonwealth. Respectfully, David C. Westcott Jr. Legislative Affairs Liaison

I am pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. I hope that our representatives do not forget the humanity behind this legislation and the human soul that was lost because of our lack of such services, Marcus-David Peters. I have watched as his family continues to suffer from his loss two years later. I have also watched as the community has come together to support his family and this cause. It is of the utmost importance to the people of Richmond and beyond. Please keep that in mind as you make your decision. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully request that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Kate Lanahan

I adamantly support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. My partner and I often take walks in our neighborhood and the surrounding areas, and on more than one occasion just this summer, we’ve been concerned about the welfare of a neighbor who seems to be houseless. We’ve said every time, “I wish there was a number to call that we’d feel safe calling, but we can’t call the police.” Numerous stories of police brutality and/or ineptitude when dealing with mental health needs have informed our concern. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police could be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can. Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers. It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises. While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully request that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Cortney McEniry Charlottesville resident

I am pleased to support HB 5043, which provides for the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. Virginia must move away from the use of police officers as the first responders for individuals experiencing a mental health crisis. HB 5043 is a huge step in the right direction to recognize the humanity of every Virginian and move away from criminalizing mental health. For Virginians who are Black, Latinx, Indigenous, unhoused, and in a mental health crisis, the involvement of the police is be particularly dangerous. This is why we must pass the Marcus Alert to ensure those who are best suited to respond to these emergencies can.   Programs across the nation have already proven the effectiveness of crisis intervention by mental health providers.  It is time we prioritize the urgent needs of Black and Brown communities, by committing to the creation of the Marcus Alert System. The #MarcusAlert will ensure those with deep knowledge of mental health services and interventions will be able to provide appropriate and cost-saving responses to community crises.  While legislation alone will not heal the wounds in our Commonwealth and our nation, the creation of the Marcus Alert System will be the right first step to ensuring that in Virginia we respond appropriately to mental health crises with support rather than the use of police force. For these reasons, I am in full support of HB 5043 (Bourne) and respectfully requests that it is heard in Appropriations and receives your "Aye" vote. Sincerely, Hilary Eckberg

As a resident of the City of Richmond, I'm writing to ask that you support and implement HB5043 the Marcus Alert System , and to support HB5013 Ending Qualified Immunity.

Should be an easy non partisan vote, kids across the state need to be able to eat to learn and in some cases with distance learning food insecurity may be more of an issue.

Appropriation Chairman and Committee Members: On behalf of 1300 Social Action Linking Together (SALT) members we stand with of the VA Coalition to Transform Policing in asking you to vote in support of the following: • HB5013 - End Qualified Immunity. Creates a civil action for the deprivation of a person's rights by a law-enforcement officer and provides that a plaintiff may be awarded compensatory damages, punitive damages, and equitable relief, as well as reasonable attorney fees and costs. (Jeff Borne) • HB5043 - Marcus Alert. Provides that the Department of Criminal Justice Services and the Department of Behavioral Health and Developmental Services shall support the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. • HB5072 - Law-enforcement misconduct. Authorizes the Attorney General to file a civil suit or inquire into or seek to conciliate, through the Division of Human Rights, any unlawful pattern and practice against the Commonwealth or a locality whenever the Attorney General has reasonable cause to believe that law-enforcement officers of any agency of the Commonwealth or any locality are engaging in a pattern or practice that deprives persons of rights, privileges, or immunities. i Your support of these bills will help to reform Virginia criminal justice system and make Virginia more safe. Thank you for your time and consideration. John Horejsi, Coordinator Social Action Linking Together(SALT) 9610 Counsellor Dr., NW Vienna, VA 22181-3248 Jhorejsi @cox.net 703-255-7074

SB 5034. Please have mercy and compassion and pass SB 5034 to increase “earned sentence credits” for nonviolent prisoners. Many people, particularly those of color, receive sentences beyond recommendations in presentence and psychological reports. Many are incarcerated unfairly by indifferent judges influenced by crony courthouse personnel and uncompromising prosecutors. Sometimes decisions are made before anyone enters the courtroom, especially when defendants hire outside attorneys. Passing SB 5034 is doubly important now for prisoners exposed to and contracting COVID-19, denied recreation and commissary, and given emergency rations. Those who test positive and sick are isolated for weeks, often without air conditioning, recreation, and reading material; and showers allowed only twice a week. Family visitation has been cancelled for months, and errors in prisoner release calculations are routine. Please let the nonviolent come home and help take care of their families. Remorse happens early on with little to be gained from long, harsh sentences.

I am writing this plea in effort to support my brother Gary Martin and others who are non-violent offenders . SB5034 will allow for those deserving to be able to earn additional sentence credits. My brother is a level one offender at Sussex 1 state prison. Mr. Martin works for capital construction for the DOC as a Master electrician. Shortly after he was incarcerated he sought out this opportunity to work with the state prison program to better his life , lessen the financial burden he placed on his family and pay his restitution. Before opioids came into his life after a car accident he had been a father of four beautiful children a wonderful brother uncle son and friend. He was a Buisness owner a tax payer, active in his community and a mentor to apprentices learning his trade. In his mid 30’s my brother became addicted to opiods and the drug caused him to be involved 4 burglaries, These crimes occurred in four separate counties over the course of 2 weeks. No violence occurred and he has never been convicted of a felony of any violent crime before these burglaries occurred. He never entered anyone’s home but was involved in selling property after the fact. Due to there being 4 separate counties each sentence is set to run concurrently and is taking him away from his family for over a decade. A decade , more then killers child abusers and many other violent crimes are sentenced for. I don’t write to debate his innocence or accountability for the damage he caused; he accepts that. The reason for my plea is that Mr Martin had lead an extremely productive life Until opioids came in to his life . Drugs caused him for in less then. a year to loose everything including his freedom . My reason is that Mr. Martin is 100% an example of who this type of justice reform is meant for. All the positive things he was....he still is from behind bars. He is a 100% example of what type of person the sentence credit bill is meant to help. As a country, actually as the greatest country in the world rehabilitation should be the focus over extreme or excessive punishment for non-violent offenders. Passing this type of bill shows people there is a reason to change your life a and allows offenders the opportunity to return to the community and family that love and need him. It also gives incentives to inmates to participate in their own rehabilitation fully while paying for the mistakes they made. Please consider passing SB 5034 and ending mass incarceration for decades for non violent offenders.

The constitutions of the Commonwealth and the United States do not make empty promises. And the men and women who take an oath to uphold those constitutions should be required to keep them. When they don’t, they should be held accountable for their actions. Legal doctrines like qualified immunity make it nearly impossible for ordinary Virginians to hold the government accountable in court when its officers violate our constitutional rights. These doctrines give law enforcement officers a near complete immunity from constitutional accountability, no matter how egregious their actions. The Commonwealth should restore the promises ensured by the constitutions of Virginia and the United States by providing victims of constitutional abuses a remedy for the violation of their rights. The Supreme Court's creation of qualified immunity in 1982 has denied that remedy to many Americans under federal law. HB 5013 will restore it in Virginia. If citizens must follow the law, the government must follow the constitution.

Hello Delegates, I am a retired educator from Newport News in favor of HB 5113. I applaud the steps that the Newport News School Board took to make sure all children are able to eat without penalty. I feel strongly that all school systems should move to provide meals for families. All eligible CEP schools should be looking to help the children in their area. Children need fuel for learning. Healthy children are better learners. Please help the children and their families. Thank you for commitment to the Commonwealth and for the children of Virginia. Sincerely, Valerie Price Newport News

My name is Eileen Engel and I volunteer for VA BLOC. I urge you to vote YES on HB 5113 I live in Hampton and support getting free meals for our more than 7,000 children not currently being helped. For example, Hampton has had schools that have been eligible for CEP since 2016 but only 10 schools participate in the program. School Board admitted in a meeting with community members and organizers that they use their own threshold of an ISP of 50% to determine which schools to apply for CEP because it costs them less money. They committed to enrolling more 3 schools in CEP ; However, they DID NOT add any new schools for this upcoming school year despite taking a vote to do so. This year 10 schools qualified with the following ISPs. 6 schools exceed HCS chosen threshold of 50% ISP Phoebus (57%), Langley (45%) , Forrest (62%), Hampton (51%), Phillips (48%) Eaton (44%), Burbank (48%), Kraft (54%), Bethel (43%), Campus at Lee (63%) One of the school sites has an ISP high enough that upon enrollment the division would receive a FULL reimbursement and even still they have neglected to enroll that location! One school site is less than 1% away from the threshold needed to receive a full reimbursement (a clear display of great need) and even still the local division has neglected to enroll that location! According to the most recent reports from the VDOE School Quality Profile this means that 7,136 children are eligible to be receiving free meals and are not due to inaction on behalf of the school board . Some history: Hampton Schools used to send unpaid school meal debt to collections, now it is sent to the treasurer but they have yet to clarify what happens when parents can’t pay. They used to throw the tray away when kids can’t pay, and only changed this practice after public pressure from our organizing efforts- and instituted a “pilot program” to stop throwing the trays away at the end of last school year that continued into the beginning of this school year (before the pandemic) . Our area also has a strong presence of military families. This is from The Daily Press on 8/24: “A recent survey by the Military Family Advisory Network found that nearly a fifth of active-duty military families in Virginia – most of them in Hampton Roads – say they can't always count of being able to afford enough food.” That is disgraceful! I grew up very poor in New York City and the free school lunch helped me get through the school day. Children need nourishment to succeed. We need you to make a difference in our children's lives. Please Vote Yes on HB5113 -Eileen Engel

Hello, My name is Rev. Kerry Greenhill. I am a resident of Hampton, and I am writing on behalf of HB 5113. As a Christian minister, I am very concerned about issues of childhood hunger in my community. Hampton City Schools currently has only 10 schools enrolled in CEP, but another 10 schools qualify! There are many ways to measure food insecurity, but all indicators demonstrate a high level of need in our city. HCS has not added any new schools to CEP since the 2016-2017 school year, but the school board has admitted in a meeting with community members and organizers that they use their own threshold of an ISP of 50% to determine which schools to apply for CEP because it costs them less money. CEP is valuable because individual households don’t have the burden of applying for or proving their need. The stigma of living in poverty, matters of pride and values of self-sufficiency can cause families not to apply for help when they could really use it. Unfortunately, the children are the ones who suffer. HB 5113 would reduce suffering in Hampton and other communities across the Commonwealth by requiring school districts to enroll all eligible schools in CEP, ensuring that all children in the communities with significant need would have access to the food they need, every day that they are in school. Please vote yes on HB 5113 to help reduce childhood hunger in communities across Virginia. Thank you for your consideration. Peace, Kerry Rev. Kerry Greenhill Minister of Discipleship and Community Engagement First United MethodistChurch Hampton, VA

Good Day! My name is Kassandra O. Benson, a resident of Newport News, VA 23606 and a member of Virginia Black Leadership Organizing Collaborative (VA-BLOC) I’m writing in regards to HB5113 - School boards, certain; student meals, participation in the Community Eligibility Provision (CEP) One reason I care about this issue is because the health of our children is important, especially for those whose only nutritional meals may come from the school feeding programs. How can a child learn and be alert if their hungry? Over the past 3 years, through working with VA-BLOC, I’ve learned about some children going without breakfast or lunch, and that a remedy could be made available through this CEP initiative. Yet, there are eligible schools that have elected NOT to participate! This means children in need do not have access to free meals (breakfast and lunch). They leave home hungry and remain hungry through the day. Although they may receive some less nutritious option, surely it cannot be as substantive nor give them energy for the day. No child in Virginia should be hungry when funded meals are available. One thing people may fail to realize is that the children in question are likely from lower income families already struggling to meet other basic needs. Why should these children, whom the school systems propose to care about, not be afforded a basic resource? Surely school leaders understand that a lack of food interferes with brain activity, learning retention, growth development. The passing of HB5113 would help close the gap between hunger and education. Vote YES on HB5113, School boards, certain; student meals, participation in the Community Eligibility Provision . Thank you for the opportunity to weigh-in. I appreciate the work you do for the Commonwealth! Respectfully, Kassandra O. Benson

Hello! My name is Barbara M. Joyner, and I am a lifelong resident of Newport News, Virginia – born here in 1951, raised here and lived in this state since birth. I am writing on behalf of my support for HB5113. As a Mother, Grandmother, Great Grandmother, and friend to many families who have school-aged children, it is imperative that I ask you to vote YES to HB5113. Currently there are schools in Virginia that meet the requirements or are near eligible to participate in the Community Eligibility Provision Program (CEP) based on Identified Students Percentages (ISP). If applications were made by those schools, think of how many students would receive free meals during the time they are in school! This would be a tremendous burden lifted for many families who are already struggling to make ends meet because of the economic disparities that are evident in the State. For what reason these schools have not applied… I have no idea! When I think about the number of students who would receive meals at school and not depend on their families to cover those costs is of great importance to me – students whose only meals may be those that they receive while at school. My heart hurts when I think that students are being denied free meals simply because application is not being made by some schools, even though their eligibility exists. The denial of these free meals is of great concern to me because of how it affects our school-aged children. My faith causes me to believe that this situation will be rectified in a favorable way. Consider the following information. Virginia’s motto is “Virginia is for lovers!” The following statement is a quote from the “Virginia Is for Lovers” website, http://www.virginia.org/. A Virginia vacation is about doing the things you love with the people you love most – and making memories that will last a lifetime. From small towns and scenic roads to mountain vistas and wide open beaches, Virginia has it all. And when you’re ready for your next getaway, we invite you to find what you love in Virginia. With that same love that we promote our State to those who may be considering a vacation here or may be considering making Virginia their home, please show that love, and even greater love, to our children by voting YES to HB5113. Thank you so much for your time and for your consideration in supporting HB5113. Your support will be a commitment to your love for all of our Virginia children. Respectfully, Barbara M. Joyner