I don't object to HB 1806, as it is currently written, because it has a reasonable time limit. I would object to it if the time limit were changed. I disagree with giving violent offenders an endless opportunity to get their sentence suspended or reduced. Letting sentences be retroactively shortened will rob survivors of peace of mind and make it harder for them to heal. Cutting sentences will increase crime. Keeping violent offenders in jail longer doesn't just keep those offenders from committing crimes, it also deters other would-be offenders from committing crimes, too. Studies say longer prison sentences do deter a significant number of crimes from being committed. One example is Daniel Kessler & Steven J. Levitt, "Using Sentence Enhancements to Distinguish Between Deterrence and Incapacitation," National Bureau of Economic Research Working Paper # 6484 (1998).

My son might still be alive if there had been no penalty for timely reporting of an overdose. The girl he was living with was fearful she would be in jeopardy if she did not first 'clean up' before calling 911. This delay cost him his life. Death Penalty - our judicial system is so flawed that there is no way to know with absolute certainty if a person is guilty. Aside from that, we are not empowered to take another's life as a 'just' punishment. Sentence modification needs to remain in the hand of the judge PERIOD. They have the most detailed information about pending cases and are less encumbered with 'red tape'. Suicide is not a 'crime' it's a mental health issue. Record expungement - give people a better chance to be reintegrated into society.

CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.

My name is Eugene Oliver and I am the President of the Virginia Association of Criminal Defense Lawyers (VACDL). Due to court obligations, I am unable to be present in committee but I wanted to express our organization's strong support in favor of HB 1806 and HB 1920 . Both of these bills remedy a major procedural and technical issue in Virginia's reconsideration statute. Under current law, a Court loses jurisdiction to reconsider a sentence if the Department of Corrections takes custody of an individual before the Court adjudicates the motion to reconsider. Myself and many of my fellow practitioners have seen cases where the Department has taken custody of an individual while a motion to reconsider was pending. Oftentimes, motions to reconsider are used when there is a public interest reason such as drug treatment, rehabilitation, sickness, or new information comes about after sentencing that would justify a judge revisiting the original sentence. Both of these bills are marked improvements over our current system because they allow judges to reach the merits of these reconsideration motions, without fear of losing jurisdiction due to the actions of the Department. HB 1806 directly fixes this problem and allows Courts to give due consideration to these motions for a period of 60 days. HB 1920 gives 12 months from sentencing regardless of who has custody of the individual and also allows a good cause shown/interest of justice exception to that 12 month period. Both of these bills are a marked procedural improvement in how motions to reconsider will be handled going forward and are worthy of your approval. I once again express VACDL's support for these bills and respectfully request your vote in their favor.

HB1814 makes a small change to Virginia’s law that exempts enough wages from a creditor’s garnishment so that the worker can keep at least the minimum wage. • Under current law, when a worker’s wages are garnished, enough wages are exempt from deduction to allow the worker to take home the federal minimum wage. • This legislation updates this law to give the worker the benefit of the state minimum wage if it is higher than the federal minimum wage. This law will prevent creditors from pushing consumers and their families into poverty. Exemption laws preserve basic items of property from seizure by creditors so that consumers can continue to work productively and support themselves and their families. Creditors can still collect their debts, but workers can protect enough wages to survive.

I support HB1821

There are so many men incarcerated right now who have turned they life’s around while being in there. Their families need them. They have done their time, stayed out of trouble and are ready to come out good citizens. My fiancé has already spent 10 years in there, he has done all of his jail time, he is now doing his probation violation time. He has taken classes and helped with the younger prisoner to help them with their train of thought. He has family dying left and right. He hasn’t seen his kids or is mother in years. His kids need him, his mother needs him, I need him home. He’s been very productive while inside their. He has wrote three books and one is already published. Some men can make a change for the better. Give these men a chance to come out and be a help to their families, the communities and themselves.

I support all the bills selected

My name is Robert de Triquet and I am a person in long term recovery from a substance use disorder. I have been in recovery for 4 1/2 years and am very thankful for the recovery process working in my life. HB1821 is important for the men and women seeking recovery from the same disorder I have. It is important that they have a chance like I did. This is a health care issue and needs a healthcare solution. Thank you!

We support this bill,during a persons most critical time during a mental health crises the provision of mental health and recovery support services and/or treatment is scientifically proven to be far more effective than a additional criminal justice and arrest. To pass this bill will increase public saftey in the long run,will reduce the impact addiction has on our communities,will increase a healthier community,will save tax payers more money. Passing this bill has far greater positive results than not. Think of it as a "seat-belt" law,it won't save or be good for everyone but it will help and save most !

I overdosed on heroin when I was 17 years old. The home I was in was rented by a felon and when I overdosed everyone was scared to call 911. Someone that was not involved in drugs showed up and called 911 which saved my life. I was administered with Narcan and am alive today because of that friend I called when I was dying. I have been in recovery now for over 13 years and I can help people like me every day. My story is the story of so many that I have met throughout my recovery. If this bill is passed YOU will be able to save even more lives. We all have a purpose in this world, I know mine, and you will help so many to know theirs. Thank you!!

HB 1021 is important to me as a person in longterm recovery from a substance use disorder. This house bill will help many men and women seeking recovery from a substance use disorder. This is a healthcare issue that needs healthcare solutions.

As a citizen, a member of the Substance Use Disorder (SUD) Recovery community and a person with over 29 years in sustained SUD recovery, I fully support HB1821 and ask that you do as well

Our 39 year old son died from an overdose in 2017. The person that was with him left him to die because they were afraid of being arrested. Our son might still be with us if they had called 911 and stayed to provide life saving procedures by that person. William Everett Rose was a good man who was on a waiting list for an outpatient program when he relapsed. He left behind 3 beautiful daughters and us his parents, a brother, Grandfather, Grandmother, cousins and so many friends who loved him very much.

When my brother was overdosing on Heroin mixed with Fentanyl, he might have able to survive if someone there had called 911. Instead, being scared of the consequences, they let him die. If this law had been in effect and made widely known in the community, he might still be here. Thank you.

My daughter died of an overdose due to a lack of action by supposed friends that were more concerned with prosecution than her life. In a separate incident, my nephew was charged and convicted following his own overdose. Thank God he survived but now faces the struggles of having a felony record. He accepted responsibility for his actions, pled guilty, and just celebrated three years being substance free. He should not be additionally encumbered by a felony record.

My son might still be alive if there had been no penalty for timely reporting of an overdose. The girl he was living with was fearful she would be in jeopardy if she did not first 'clean up' before calling 911. This delay cost him his life. Death Penalty - our judicial system is so flawed that there is no way to know with absolute certainty if a person is guilty. Aside from that, we are not empowered to take another's life as a 'just' punishment. Sentence modification needs to remain in the hand of the judge PERIOD. They have the most detailed information about pending cases and are less encumbered with 'red tape'. Suicide is not a 'crime' it's a mental health issue. Record expungement - give people a better chance to be reintegrated into society.

Support HB 1821. Healthcare emergencies require healthcare solutions. No one should be penalized for administering lifesaving aid during an overdose.

CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.

Key phrase- "Acting in good faith". Imagine if someone saved your child by administering Naloxone, who was acting in good faith. Would you want to see them go to jail for saving your child. This bill will result in saved lives. Please pass this bill. Thank you.

Sir, ma’am, my loved one, who is serving virtual life for a single robbery charge no one was seriously hurt, deserves a second look, a second chance. He is a hard working individual, who has shown nothing but well behavior the last 11 years and 9 months of his incarceration. Now he is serving a 215 year sentence in Virginia. He has a strong and loving support system outside and an excellent work ethic. Members of the General Assembly, I urge you to think of families like mine and and make sure those already behind bars benefit from the changes you will hopefully vote for. Many of them earned a fair chance of a life outside those walls. We ask you to end mandatory minimums and harsh sentencing practices. We ask you to bring back parole and allow second chances for those who have shown they deserve it. We need to invest in evidence-based criminal justice policies, because international collected data over decades are already showing why our system is still failing to help make anyone safer. We need appropriate sentences rather than out of context punishments. We need to get past these destructive practices. We need to stop hurting our own society. And we need to start give second chances, also for violent crimes. Studies show that harsh and overly long sentences do not deter or reduce crime. These laws cost us millions of dollars but don't make us safer. My family, friends and I ask you to vote for criminal justice reform and bring Virginia forward. Thank you for your time! Dilek Brennan

I am in support of the previously indicated bills. Virginia has long promoted mass incarceration through its policies regarding those accused/convicted of crimes. Please consider these in the interest of moving Virginia forward. Thank you.

I wholeheartedly agree with this bill. It is difficult for those who are poor to keep up with court fines.

Adopting the Uniform Collaborative Law Act (UCLA) in the Commonwealth of Virginia What is it? Collaborative Law involves two attorneys trained in the Collaborative Process working in a series of settlement meetings with their respective clients who have signed a Collaborative Participation Agreement, which, among other things, removes the threat of litigation while in the process. The process often utilizes mental health professionals and financial professionals who have been trained in the Collaborative Process at such meetings to help resolve complex emotional, child-related, and/or financial issues. • The Uniform Law Commission approved the Uniform Collaborative Law Act for enactment in 2010. The purpose of the ULC, as a non-partisan commission, is to draft legislation that will bring consistency and clarity to the laws governing the same practices occurring in different states. • Approximately 1000 Collaborative Professionals have been trained in Virginia since 2004 and most of those professionals are attorneys practicing in Virginia and resolving family disputes. • Collaborative Law is presently practiced in all 50 states and 25 countries. • UCLA is enacted already in some form in at least 20 states. Why we need it: A dispute resolution option for restructuring families without court intervention. It is distinct from mediation and a beneficial alternative for clients and their attorneys. Significant benefits of Collaborative Law for families include: • A team of processionals work with clients to resolve issues arising from separation and divorce • Collaboratively trained attorneys are present for their clients throughout the process • Zealous advocacy to assist with client’s goals yet using a respectful, non-adversarial approach • No pressured settlements on the “eve of trial” • Children benefit from the reduced conflict and co-parenting relationships are healthier • Costs are likely reduced, not only financial costs but emotional costs as well • Results in durable lasting agreements so parties are less likely to seek future court intervention Significant advantages of the UCLA for the public include: • Informed consent requirements are clearly set forth • Minimum requirements for the Collaborative Participation Agreement are established • Specific definitions for the beginning and the end of Process are provided • Availability of emergency orders by a court if they are needed • Mandatory domestic violence screening • Additional considerations for low-income clients • A clearly enforceable evidentiary privilege (modeled on the Uniform Mediation Act) • Clear and consistent expectations for attorneys practicing Collaborative Law Significant advantages of the UCLA for the Court system include: • Getting more families out of the judicial system and into a process to resolve disputes respectfully • Reducing judges’ family law case load which frees their time to attend to other matters and schedule other hearings/trials sooner • Offers families another peaceful resolution process that results in durable agreements and promotes healthier relationships between parents • Promotes the public policy to preserve relationships • Preserving relationships promotes a healthier citizenship

This bill would really help reduce the number of kids who end up in the deep end of the juvenile legal system. Anything that helps keep these cases in diversion will have a long term positive impact on future criminogenic behavior. The long term outcomes are much better when we keep kids out of court., especially if we use restorative justice practices as part of diversion. Diversion can provide the same kinds of services the court could. The key difference is the child is not facing incarceration, probation, or a criminal record if the case is in diversion. And if the young person does not comply in a significant way, the CSU can always send the case to court where probation, incarceration, etc are available. We should, however, do everything we can to support the family and the child so that diversion can be successful. According to the Department of Juvenile Justice, approximately 80% of cases could be diverted away from court, but many of those cases go straight to court instead. Unfortunately, the decision whether to divert a case usually is made at the Court Service Unit level and they sometimes reject diversion for arbitrary reasons that can have a disproportionate impact on poor and minority communities. Some other reasons cases get sent to court instead of staying in a diversion program include that the parent did not respond or did not bring the child to a meeting or they otherwise didn't comply in technical ways. This disproportionately impacts poor and marginalized communities. Instead of sending those cases to court, we should be putting more resources into helping the kids succeed in diversion. I would also love to see some additional language that would go even further and allow a case to be sent back to diversion by a JDR judge if they find that it is more appropriate than handling the case as a delinquency. Every day, cases are heard in juvenile court that are there simply because of a technical violation in the diversion program. The preamble of the juvenile code very clearly states that one of the primary purposes of the juvenile system is to divert cases away from court. See sec. 16.1-227. We should give the judges the discretion to send a case back to diversion if they think that would be a better response to the behavior. https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-227/ Thank you.

CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.

Chairperson and Members of the Committee, I strongly support HB1895. Thank you.

How much do you owe for fines/fees? “I owe $2848.” For what? What is your restitution for? “[Owes restitution] for using my parents’ bank account.” How did you restitution impact you? “They told me I have two years to pay it and if I don’t pay it I go back to jail. If I miss a payment, the judge said he will lock me up. It’s hard with the environment right now (COVID-19). I’m a convicted felon trying to get back on my feet and it’s hard to make payments, when I’m trying to figure out how to live on my own and everything else. I don’t think it’s fair because you have to pay interest and even if you’re in jail you still have to pay interest.”

How much do you owe for fines/fees? “A little over 600.” For what? What is your restitution for? “Lawyer fees. Court fees. Originally, it was $1600. When I got out, I used my stimulus to pay $1000 of it.” How did you restitution impact you? “Well. It sucked. It wasn’t good, when you’re coming home you don’t have anything. You don’t have a job or car, where I’m from we don’t even have buses. Am I supposed to uber? They expect you to pay it, when you don’t even have a job to pay it. Or have the money to pay for shoes for a job. If it wasn’t for the stimulus, I would probably still owe 1600 to the courts. It’s a terrible feeling, you already took my freedom- it was my fault. I looked at it like I paid my dues, but I have to pay this money to the court. I worked 7 days a week in the jail, almost 10 hours a day but didn’t get paid anything to do that. How did you expect me to pay court fees when I got out.” Jurisdiction Fauquier county

How much fines/fees do you owe? “Approximately $4000, the judge decided to not add interest to my restitution.” For what? “I stole my aunt’s jewelry worth $175 from a pawn shop. My aunt didn’t press charges against me since I was family, but the commonwealth did. She got most of her jewelry back from the pawn shop. My uncle appraised the worth of some of the jewelry and the judge decided that I had to pay approximately $4000 as my restitution.” How did restitution impact you? “I was in disbelief regarding the amount. We should have been able to come to an agreement and it wasn’t fair. She got the jewelries back and I feel awful that I did it, but I can’t take it back. If I didn’t have to pay that money, I would have been able to give my husband the money to pay for the apartment and get my children back from foster care. Knowing that I owe that amount which could be used to do a lot of things, it’s stressful because this is a huge amount for someone who just got out of jail and no income.”

Please consider putting these bills into effect.

This is Erika Viccellio with the Fountain Fund and I'm speaking on behalf of HB1895. We provide low interest loans, financial education, credit building and community support to formerly incarcerated people. People come to us once released from incarceration and often to get help with court debt. Most aren't aware they can apply to have interest waived and when they see the process they give up on it. The law was established in 2016 to waive interest while incarcerated and I would submit that the interest that formerly incarcerated people have paid since the law was established would more than cover the one time expense to change the software to automate the process.

We have been advised that an amendment is going to be requested by the patron in House Courts this afternoon (1/20). There was an amendment to the bill adopted in the Criminal subcommittee on Friday (1/15) that addressed our concerns with the bill as introduced, and as such, I had not planned to speak to this bill in House Courts. The proposed amendment cannot be implemented without additional resources and a delayed effective date. It appears to us that there will be an impact on already understaffed district court clerks’ offices and a large cost to makes changes to our electronic case management and financial systems required to implement the bill. We will need resources for both district court clerks and for various electronic systems. As it requires an interface, local and regional jails and DOC will likely have costs associated with developing the interface on their end. We will also need a delayed enactment date, but as we have just received the proposed amendment, we have not yet been able to determine the necessary delayed enactment date.

Thank you madam chairwoman and members of this committee. My name is Martez Tolbert I am the client partner Navigator at the Fountain Fund Charlottesville Virginia I am here to testify in support of this bill. All reforms on this bill are important and needed but I am going to focus on the automatic waiver because I personally been through the waiver process, and because of that experiences is why I suggested the change in this bill to delegate Hudson Basically, I used Google to figure it all out!! Yes Google. I also had to call and email a few people to figure out how to get the various forms I needed. It was definitely NOT straight-forward and there was no ONE resource that explained the whole thing. Someone has to be very motivated and have a fair amount of time to figure it out and see it through. First I had to look at the Virginia Code to see what the law is. The statute mentions a Certification form. Then I had to figure out where to get that. And of course the Certification form has to be an original, notarized version! So then I had to call and email the VDOC folks to get a Certification form. The statute says the person "may move" the court to get the interest waived. I then, had to figure out how to do that. Do I literally have to file a motion? Call the clerks office? Eventually with assistance, I got the forms, filled them out, and then had to send them, with a letter, to the courts. I had to send a separate set of forms to each court (Charlottesville City and Albemarle County, fines in both). I had to include a self-addressed, stamped envelope with each set so they would send the notarized form back to me! Now Imagine having to do this process for EVERY Fountain Fund client that comes before me. It would be such a waste of limited resources. As I told the Wall Street Journal when they did a story about this a few months ago. This is a financial burden and nightmare for returning citizens. Thank you again for your time,, and I urge you to vote yes on this bill.

I am a nurse practitioner at The Daily Planet and have witnessed firsthand the disparity in our justice system and the unrealistic and burdensome requirements it places on many folks who are just trying to get better or improve their lives after making mistakes. We make it near impossible at times for this to happen by adding more financial hardships to people already in financial hardship. I highly recommend we make good on our promise to reform the justice system to where it delivers fair and equal justice and actually helps folks themselves reform. This bill is a good start.

CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.

I wholeheartedly agree with this bill. It is difficult for those who are poor to keep up with court fines.

The Virginia Education Association (VEA) supports HB1897 by Delegate Jenkins. We urge the committee to report favorably to advance HB1897. Thank you.

On behalf of the Virginia Apartment and Management Association (VAMA) and the Apartment and Office Building Association (AOBA) of Metropolitan Washington, I write to ask your support for H.B. 1897. Delegate Jenkins’ bill has been added to the docket for tomorrow’s House Courts of Justice Civil Subcommittee meeting. Virginia Code Section §18.2-465.1 prevents an employer from retaliating against an employee for appearing in court. Yet, tenant advocacy groups report that many tenants facing eviction during the COVID-19 pandemic have failed to appear in court in response to a summons for unlawful detainer for fear of losing their jobs. H.B. 1897 is intended to help educate tenants of the protections afforded to them in existing code by including such information directly on the actual summons for unlawful detainer form. H.B. 1897 does not substantively change the protections afforded to tenants. It simply adds it to the form that tenants receive when facing an eviction to help ensure that they are aware of their rights. I hope that you will vote to report H.B. 1897 to the full Courts of Justice Committee. Please do not hesitate to contact me should you have any questions. Brian M. Gordon, MPA Vice President, Government Affairs, Virginia Apartment & Office Building Association (AOBA) of Metropolitan Washington 1025 Connecticut Avenue, Suite 1005 Washington, DC 20036 (202) 296-3390 (703) 307-0564 mobile

Virginia Poverty Law Center is in support of this bill. The Witness affidavit for uncontested divorce seems essentially a legal fiction, as the witness attests to things they know only second hand. It also jams up the many low-income pro se individuals who file their own divorces, as they must coordinate not only their own complaint and affidavit, as well as separation agreements, custody arrangements, and child support orders, but also the affidavit of their witness--and then arrange for service on their spouse. Often, by the time they have accomplished all these things, the notarized affidavit is deemed by the court to be "stale" and they must go through the process all over again. The Witness Affidavit is an artifact that does not appear to serve a useful purpose in the context of uncontested divorce.

Thank you Delegate Herring and members of the Committee and a special thank you to Delegate Marcus Simon for being the patron of HB 1951, as well as, our appreciation to the other delegates and senator who are co patrons. Suicide is a mental health crisis. And should be treated as any other mental health issue. The common law crime of suicide originated in England in the 1300's. With the Suicide Act of 1961, England made a statement by abolishing suicide as a common law crime. England, as well as , most commonwealth countries deplored this vestige of a cruel and barbaric past, believing it had no place in modern day England. And they abolished the common law crime of suicide, SIXTY years ago this very year (2021)! With the new and more scientific causes of mental illness and other medical issues being discovered every day, certainly Virginia should be as progressive and as humane as an England of sixty years ago. Governor Northam has initiated several programs dealing with mental health The decriminalization of the common law crime of suicide should be an integral part of these reforms. Severe depression, as other health issues, should not be considered a common law crime, nor should a brutal law from the 1300's be an impediment to reducing stigma and healing. Thank you England for showing us the way---we, too, in Virginia by decriminalizing the common law crime of suicide and taking it off the books will show you that we can be just as humane and progressive as you were -----sixty years ago. Submitted by Sharon Webster (mother of Lauren Webster who died by suicide in 2012, age 25 ( " She lost hope; then we lost her" is the gravestone inscription)

As a Roman Catholic priest who served in parishes and officiated for funerals of those who died by suicide, I write with pastoral experience. We should decriminalize suicide. What ethical good are we doing to make someone who has died by their own hand a criminal? Does making them a criminal change their behavior? No. Does it reverse their suicidal decision? No. If we decriminalize this medieval judgement, it will help families to cope with the hurt. Our laws should alleviate the emotional pain and erase the judgmental guilt and shame felt by many who have experienced a friend or family member who died by suicide. Let's have mental health laws that focus on preventing suicide and coping skills for those who are suffering because of a suicide they can't forget. Let's stop the hurt and start the help. Now is the time...we can't wait any longer for a tomorrow that may never come for some. Blame and shame is about anger and revenge. Let's be about love and forgiveness.

  First I would to thank you, for this opportunity to submit testimony on behalf of Virginia House Bill No.1951 to abolish the common law crime of Suicide.   My name is Linda Diaz and I am a suicide loss survivor of my youngest daughter, Lauryn Santiago. My daughter was born, raised and died a Prince Georges County, MD resident. Lauryn was beautiful, loving and one of the kindest children that a mother could ever dream of raising. Lauryn turned 15 years old on January 26, 2013 but died of suicide, after relentless bullying, on February 16, 2013.  My own loss opened my eyes to the ripple effect of suicide and how it spread like fire amongst my daughters friends which lead me on the road of Youth Mental Health Advocacy.   I am also an Army Veteran and on the road of Advocacy I have not just witnessed my fellow veterans in mental distress but also their children. As an advocate, I witness the immense turmoil of youth reaching out to parents, family or adults, for assistance. Fear, shame and embarrassment is what a person lives with, when *Risk Factors (below) force them into silence, which becomes their everyday life.   Today we are witnessing how the mind cannot be controlled in this time of the COVID19 Pandemic as many lives are lost. The increase in Anxiety as well as PTS for those living in this crisis has exploded in the area of Mental Health where more lives are being lost to suicide. The mind is powerful to those who cannot receive or is not provided the required resources to treat Mental Illness. A person not diagnosed or treated is no different than a person shot in the head that bleeds out, goes untreated, becomes more infected and ultimately is taken over with debilitating pain. It is this fight which leads a person to the choice to stop their own pain, which often leads them to assume suicide is the only way to stop their agony.   As a society, we must embrace and become more educated and aware in Mental Health. In 2018 48,344 persons died by suicide. In the loss of so much life to suicide, it is the shame, embarrassment or alienation from society that leads the families of suicide loss into silence.   As a legislation, I plead for your consideration in abolishing suicide as a crime. Many who die by suicide, do so to end their silent battle of paralyzing pain, not to commit a crime.    Please support HB 1951:  Abolish common law crime of Suicide:  Please save another family from this lifetime of pain in being looked at as a person who lost a love one to a crime.  Thank you for your consideration.   Risk Factors / Stressors / Triggers •           Family history of suicide •           Divorce •           Sexual assault/Molestation •           Family history of child maltreatment/Abuse •           Previous suicide attempt(s) •           History of mental disorders, particularly clinical depression •           History of alcohol and substance abuse •           Teen dating abuse •           Death or loss of a loved one •           Change in environment / Homelessness •           Isolation or loss of friends/Being cut off from other people •           Cultural and religious beliefs (e.g., belief that suicide is noble resolution of a personal dilemma) •           Incarceration •           Domestic Violence •           Classmate Suicide •           Bullying      

We've come so far in my lifetime in recognizing and fighting stigmas around mental health and wellness, but the fact that we are still debating whether or not suicide should be classified as a criminal act shows me we still have far to go. Over the past 20 years I've lost a handful of friends to suicide, and dozens of acquaintances. Since the start of this Pandemic, my social circle has lost one child a *MONTH* to suicide. As someone who has suffered from PTSD and depression from serving in our Nations Military, I am uncomfortably well aware of how the stigma surrounding suicide prevents far too many good men and women from getting help. Being afraid of getting slapped with a criminal charge (even if that fear is largely unfounded) just adds to the hesitation to get help; "if it's against the law, not only do I feel worthless but what if I get caught and arrested and ruin the rest of my life in case my plan falls through?" That's the thought process, at least one of the many I've heard over the years. And so it causes people who are in mental crisis to hide more. Is this what we want as a society? To have archaic laws causing so much shame and stigma that we prevent our neighbors and friends from getting the help they need? It's 2021. It's time to change the law, and in doing so, time to help push us forward in our actions and our mindsets and the ways in which we discuss suicide and mental health.

Good afternoon, My name is Steven Mittendorff and I am the spouse of the late Nicole K. Mittendorff who was employed by the Fairfax County Fire & Rescue Department. Nicole went missing on April 13, 2016 and was subsequently located on April 21, 2016 after an extensive search that garnered national attention. Nicole hung herself. Nicole was a dedicated public servant who was subjected to unnecessary sexual harassment and abuse by her co-workers and others on the website www.fairfaxunderground.com. Nicole dedicated her life to serving others both as a lifeguard in her youth and later in her dream to become a firefighter/paramedic. I am in full support of this bill. While I know there is nothing we can do to bring our loved ones back, there is something that you can do now to help the survivors; those of us who live with a variety of feelings including, but not limited to, guilt, anger and dreaming of the what ifs, what could have beens and what should have beens with our departed loved ones. As a former law enforcement official with our very own Virginia State Police, I understand there are concerns about this bill and how that would impact investigations. Let me say that I FULLY support the ability of law enforcement to investigate suicide deaths. The intent of this bill is in no way intended to prevent that. It also does not intend to legalize suicide or assisted suicide. It is merely removing the criminal offense of suicide. You have no idea unless you are a member of this awful group how much the passing of this bill would mean to me and thousands of other Virginians. The suicide of my wife's death changed the trajectory of my life both personally and professionally. While I know my wife can never be criminally charged it still haunts me knowing that technically she completed a criminal offense and in the Commonwealth she so very much loved. I ask each of you regardless of what side of the political aisle you sit on to think about how suicide has impacted you, your families and your friends. Please find it in your heart and to pass this bill. Help the many survivors who are struggling by removing the criminal offense. This will help each of us greatly as we continue to mourn.

We should decriminalize suicide. What ethical good are we doing to make someone who has died by their own hand if we convict them as a criminal? Does making them a criminal change their behavior? No. Does it reverse their suicidal decision? No. If we decriminalize this medieval judgement, it will be of great relief for many hurting families. Our laws should alleviate the emotional pain and erase the judgmental guilt and shame felt by many who have experienced a friend or family member who died by suicide. Let's have mental health laws that focus on preventing suicide and coping skills for those who are suffering because of a suicide they can't forget. Let's stop the hurt and start the help. Now is the time...we can't wait any longer for a tomorrow that may never come for some.

I signed up last night to speak today; however, I wasn't approved so I am sending you what I would have said. __________________________________________________________ Good morning Mr. Chairman and Committee Members: I am here to speak on behalf of HB1951 which will abolish suicide as a common-law crime. Suicide is currently a common-law crime in Virginia even though there is no statutorily prescribed punishment. As a suicide loss survivor and suicide prevention advocate, and on behalf of thousands of suicide loss survivors, I URGE you to support this critical, life-saving bill and that you vote Yes to HB1951. Suicide being considered a crime adds to the stigma and prevents those who suffer a mental illness from getting the help they need. When people get help, it saves lives. There have been times when people said to me “your son committed a crime” and I have no words for how absolutely devastating that is for a grieving parent to hear. My son DID NOT commit a crime, my son was in severe pain and did what he thought he had to, to end his pain. I hope that you take these words of a grieving mother who lost her 17 year old son to suicide and vote YES to HB1951. Thank you! Sincerely, Kimberly Fleming David's mom (7/2/98 - 10/23/15)

I write in support of HB1951. A person's life should belong ultimately to them, and not to the State. As a practical matter, a person who commits suicide is beyond the reach of the law , and a person who attempts suicide and fails is in need of assistance, not prosecution.

Please support HB1951 for the following reasons: 1. The common law crime of suicide is antiquated and a vestige of a cruel, bygone era. 2. Decriminalization of the common law crime of suicide has absolutely nothing to do with assisted suicide. 3. Governor Northam has put forth two major and progressive initiatives: 1. Criminal justice reform and 2. Prevention of suicide in the military. HB 1951 should be an integral part of these reforms. To do otherwise would be dismissive of one of the most important aspects of suicide prevention---erasing the stigma of suicide. 4. It is hypocritical to speak of suicide prevention and then to leave the common law crime of suicide on the books. 5. Suicide is a major health issue that should be treated as such: based on statistics suicide is a major health crisis. 6. Mental illness is thought to be related to over 90% of suicide deaths. 7. Does not the legacy of those who died by suicide matter? The deceased's whole life, all those facets of them considered wonderful and good such as sensitivity, kindness, creativity, generosity, achievement---are negated by making them a common law criminal in the eyes of the law. 8. The stigma. The stigma of suicide affects the living as well as the dead. Those who have lost a loved one to suicide often report feeling lonely. isolated and judged by others. HB1951 is a step to help erase the stigma. Erasure of stigma is one of the most important aspects of suicide prevention. 9. Bipartisanship: There is no one in the legislature who has not been affected by a spouse's, child's, relative's , friend's or neighbor's suicide or mental illness. There is no reason that this bill, HB1951 does not get 100% support. Here one is not a Republican or a Democrat, one is a compassionate human being doing the right thing at the right time to help reduce the stigma of suicide---and to help the healing of your family, your friends, your community. And you. Please vote for passage of HB1951. Thank you, Sharon Webster

My son might still be alive if there had been no penalty for timely reporting of an overdose. The girl he was living with was fearful she would be in jeopardy if she did not first 'clean up' before calling 911. This delay cost him his life. Death Penalty - our judicial system is so flawed that there is no way to know with absolute certainty if a person is guilty. Aside from that, we are not empowered to take another's life as a 'just' punishment. Sentence modification needs to remain in the hand of the judge PERIOD. They have the most detailed information about pending cases and are less encumbered with 'red tape'. Suicide is not a 'crime' it's a mental health issue. Record expungement - give people a better chance to be reintegrated into society.

CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.

First I would to thank you, for this opportunity to submit testimony on behalf of Virginia House Bill No.1951 to abolish common law crime of Suicide. My name is Linda Diaz and I am a suicide loss survivor of my youngest daughter, Lauryn Santiago. My daughter was born, raised and died a Prince Georges County, MD resident. Lauryn was beautiful, loving and one of the kindest children that a mother could ever dream of raising. Lauryn turned 15 years old on January 26, 2013 but died of suicide, after relentless bullying, on February 16, 2013. My own loss opened my eyes to the ripple effect of suicide and how it spread like fire amongst my daughters friends which lead me on the road of Youth Mental Health Advocacy. I am also an Army Veteran and on the road of Advocacy I have not just witnessed my fellow veterans in mental distress but also their children. As an advocate, I witness the immense turmoil of youth reaching out to parents, family or adults, for assistance. Fear, shame and embarrassment is what a person lives with, when *Risk Factors (below) force them into silence, which becomes their everyday life. Today we are witnessing how the mind cannot be controlled in this time of the COVID19 Pandemic as many lives are lost. The increase in Anxiety as well as PTS for those living in this crisis has exploded in the area of Mental Health where more lives are being lost to suicide. The mind is powerful to those who cannot receive or is not provided the required resources to treat Mental Illness. A person not diagnosed or treated is no different than a person shot in the head that bleeds out, goes untreated, becomes more infected and ultimately is taken over with debilitating pain. It is this fight which leads a person to the choice to stop their own pain, which often leads them to assume suicide is the only way to stop their agony. As a society, we must embrace and become more educated and aware in Mental Health. In 2018 48,344 persons died by suicide. In the loss of so much life to suicide, it is the shame, embarrassment or alienation from society that leads the families of suicide loss into silence. As a legislation, I plead for your consideration in abolishing suicide as a crime. Many who die by suicide, do so to end their silent battle of paralyzing pain, not to commit a crime. Please support HB 1951: Abolish common law crime of Suicide: Please save another family from this lifetime of pain in being looked at as a person who lost a love one to a crime. Thank you for your consideration. Risk Factors / Stressors / Triggers • Family history of suicide • Divorce • Sexual assault/Molestation • Family history of child maltreatment/Abuse • Previous suicide attempt(s) • History of mental disorders, particularly clinical depression • History of alcohol and substance abuse • Teen dating abuse • Death or loss of a loved one • Change in environment / Homelessness • Isolation or loss of friends/Being cut off from other people • Cultural and religious beliefs (e.g., belief that suicide is noble resolution of a personal dilemma) • Incarceration • Domestic Violence • Classmate Suicide • Bullying

Living in England I am utterly shocked that suicide is still a criminal offence in Virginia sixty years from when it was decriminalised here in 1961. The legislation in England followed a shift in attitudes, no longer regarding suicide as wrongdoing , but recognising that the majority of individuals attempting, or dying from suicide were in great mental distress. A fifteen year study by Oxford University published in 2011 ( British Medical Bulletin Vol 100 pp101 - 121 0 ) clearly identified the link between suicide , mental illness and untreated depression. It seems inequitable that the citizens of one state, compared to compatriots in other states in the US and across the free world are still treated without compassion or humanity and a total lack of consideration for their personal and mental health.

Our precious son, Craig, took his life at age 15 after years of struggling with mental illness. It is devastating to lose a child to death whatever the cause. That said, the despair and devastation for our family is compounded by the stigma of suicide being considered a crime. Craig didn't "commit" a "crime." He succumbed to his relentless depression. Virginia is behind other states - and other countries in abolishing suicide as a common law crime. This bill has come before the General Assembly multiple times. It is very difficult to keep reliving painful memories each time it comes before the General Assembly. Please make this year the year it passes. Thank you. Beth Tolley

I am writing on behalf of my friend, Kim Fleming. She sadly lost her son David to suicide several years ago. To be informed that in the Commonwealth of Virginia it is a crime (with no punishment, nor prosecution) that her her sweet child died of suicide is horrendous and archaic. Suicide is a public health crisis that needs attention, not criminal punishment. Currently, as the pandemic rages on, issues of depression, suicide and other mental health issues is a top priority and we should continue to support those individuals who are brave enough to seek treatment and especially those who treatment did not work, resulting in suicide. To further declare suicide is a crime is cruel to the grieving family and in the name of the lost one. In Virginia, we are striving to remove the stigma associated with mental health treatment. To add insult to injury and further declare it's crime, is both backwards and a destructive opinion shared by individuals who truly don't know how it feels to lose a loved one to suicide. In a time where Virginia is considering decriminalizing of marijuana, surely, removing the nasty stigma associated with suicide as a crime should hold even more weight and consideration. Thank you for your time and consideration. Very Respectfully, Christine Chitwood.

I'm ok with Del Bell's amendment

With the proposed amendment deleting the words "endangers the child's life, health, or normal development or" we would not oppose this bill.

CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.