Mr. Chairman and Members of this Committee, I strongly disagree with HB1867’s requirement that a crime must be reported to the police within 120 hours. This places a unfair statute of limitations on the victim yet, there should be none.

My name is Eugene Oliver and I am President of the Virginia Association of Criminal Defense Lawyers. I was unable to sign up to speak for the evening session today, but wanted to express our support for the following bills and a brief reasoning as to why: HB 1936 - The Robbery statute as it is now is overly broad and could lead to life sentences for any amount of force combined with a larceny. By establishing degrees of robbery, this bill will lead to more equitable results and that the punishment received more accurately reflects the severity of the offense. HB 2038 - We believe it is important that individuals are not needlessly locked up on technical violations. We wholeheartedly support this bill as a fairer and more equitable way of handling probation violations and issues surrounding the suspension of sentences. HB 2047 - The current law is extremely restrictive as to when information about mental health can be introduced. By allowing mental health evidence when it goes to guilt or innocence or when it would otherwise be relevant as to a defendant's mental state. HB 2290 - In eliminating subsequent enhanced penalties on misdemeanor larcenies, this bill fixes an often seen unjust result where an individual picks up a jail sentence or a felony conviction for a de minimis theft or other larceny. By repealing 18.2-104 and eliminating mandatory minimum sentences or the possibility of a felony conviction, we would be allowing discretion to return in how courts treat these charges and avoiding excessive punishments for thefts that are deemed as non-felonious in their value. Thank you in advance for your consideration of our position on these bills and we ask that you support these bills and report them out of committee.

We need a way to stop this online predators in our community.

I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.

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 would like you to support this bill with only exception. Extend to release time from 15 days to 25 days. This would give all the appropriate agencies (law enforcement, etc.) time review the sound & video.

I believe that this bill is necessary because we need to hold those in law enforcement accountable for the use of force. I believe that this action would protect not only the person being pursued by the officer but also it would protect the officer. I believe that the majority of police are there to protect. I also know that there is inherent racism and bias that has led to unfair treatment of people of color. This bill, I believe will make everyone safer.

I urge the Public Safety Committee Chair and Members to fully support all of the following: HB 1941 - Rasoul HB 2226 - Kory HB 2291 - Williams Graves HB 2325 - Hope HB 1941 - Rasoul would require that, whenever a law-enforcement officer discharges a firearm or weapon on a person resulting in death or serious bodily injury, any video or audio recording that relates to such incident produced or obtained by a law-enforcement officer be open to inspection and posted on a website that is available to the public or that clearly describes how the public may access such data. This legislation provides new protections for victims of police brutality, specifically Black and Brown victims. Accountability must be present in law enforcement if better relationships are to be fostered between them and Black communities, which is why I join the Virginia NAACP in supporting this crucial legislation. HB 2226 - Kory establishes a process that allows a person to contest the determination that they are a member of a criminal street gang, request information about whether their information has been entered any systems, request removal of their information from said systems, and petition a general district court for review of an agency's decision to enter his information into the systems. This legislation will provide a modern and advanced demonstration of Virginia attempting to combat its discriminatory past. Virginians deserve a chance to address any allegations that have been made about them, especially criminal affiliation, which is why I join the Virginia NAACP in supporting this important legislation. HB 2291 - William-Graves would add a sheriff's office to those law-enforcement agencies that may be overseen by a law-enforcement civilian oversight body created by a locality and adds a non probationary deputy sheriff to those law-enforcement officers who are subject to such body if created by a locality. This legislation provides new protections to prevent police brutality and hold law enforcement accountable. Permitting civilians to be included in the conversation of law enforcement allows for the fostering of better relationships in Virginia communities, specifically Black, which is why I join the VA NAACP in supporting this crucial legislation. HB 2325 - Hope would create the Office of the Department of Corrections Ombudsman. The bill enumerates the duties and powers of the Office to protect the livelihood of inmates such as providing information, as appropriate, to inmates, family members, representatives of inmates, Department of Corrections employees and contractors, and others regarding the rights of inmates. Legislation such as this provides new protections for inmates and their well being. Correctional facilities and officers must be held accountable now more than ever, which is why I join the VA NAACP in supporting this crucial legislation. Thank you for your time, consideration, and work on behalf of equity for Virginians.

VSC NAACP are in strong support of all checked bills

Please vote yes on this bill - vote yes for transparency and to improve citizens' access to police data. (Whenever a law-enforcement officer discharges a firearm or weapon on a person resulting in death or serious bodily injury, this bill would make video or audio recording open to inspection and posted on a public website (or describes how the public may access this data.) Thank you.

The Virginia Coalition for Open Government supports this bill.

Oppose HB1992 - As a woman, I value freedom above all else. And that means we must find another way to help people get out of bad situations. How about support organizations like LAWS (Loudoun County) and support mental health programs. That would save a lot more lives. What is the problem this is fixing? We all know that domestic abusers use fists, knives, staircases, and manipulation/threats at a dramatically higher rate than they use firearms. What problem are you trying to fix here? Let's stay free, keep our 2nd amendment uninfringed (which is vital to women's rights), and work on mental health and resources to those suffering abuse.

Please support this bill.

Domestic Violence, especially lately due to Covid-19 lockdowns, has been a major issue that no one seems to want to discuss. As DV cases increase throughout the nation, as well as within the Commonwealth of VA, I am happy to see someone in our state government bring it up. Although Murphy's HB1992 is meant with good intentions to help DV cases, I find its wording confusing/ loose, and with "loopholes" so-to-speak, which could lead to false allegations/sentencing (which happens). I, a strong advocate for DV Reform, like many others, find that if this bill reflected what the Federal definition of Domestic Violence states, as well as gave opportunities to restoration of rights after some sort of rehabilitation (after time served), it may be more fitting. Domestic Violence Reform IS NEEDED now, more so than ever, and in order to get ahead of these issues, we need to be more educated and precise in how we initiate our legislation, so that we can save lives rather than hinder them more.

Removing gun rights for a misdemeanor has never happened before. Where will this stop, a traffic ticket then lose your rights to guns? Next, prove to me that it will stop someone getting a gun illegally and using it. That's all it will do. It won't stop domestic violence, and expanding the definition of domestic violence will get kicked out in the courts. As a tax payer and independent/non 2 party person, stop wasting my money and fix the problems we have. This is simply chipping away at 2nd amendment rights, using domestic violence as an way to do it.

Lewinsville Faith in Action fully in support of Del Murphy's bill. Getting guns out of the hands of those convicted of domestic violence is an essential prevention measure especially given the lethal combination of domestic violence abusers and guns.

As a veteran who served this country, respectfully request all Delegates abandon these proposals. They are unnecessary and restrict the freedoms granted by the US Constitution. Responsible gun owners are not the problem in Virginia and should not be hindered or penalized in exercising their rights.

I urge our representatives to vote against any further infringement on the right of Virginians to keep and own firearms. The proposals listed here have many problems, but each proposal can be categorized as "a solution in search of a problem". In general I hope to see long-standing federal law and guidance followed. HB2128 - The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. Best to follow federal law on how long a transfer can be delayed. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns from 80% receivers completely, the bill makes the existing owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. Best to follow federal law on such guns. HB2295 - There have been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. It also prohibits guns in state buildings and parking lots, including rest areas.

Any bills brought forth prohibiting firearms carried by Americans which prohibit civilians from carrying is illegal and incompetent officials that were put in office legally or illegally by fraud votes DO NOT have authority over the Constitution to change this!

I urge committee members and all legislators OPPOSE the following bills: HB2276 - duplicates permission of localities to ban firearms in locations they lease or own HB1992 - duplicates federal law HB1909 - no public safety impact at all, and makes illegal firearms lawfully imported by private individuals. No provision for coming into compliance other than disposal. None of these bills enhance public safety, or of individuals in any way. While well-intentioned, they're ignorant of current law, poorly worded, and overly broad.

We the public hire our leaders and we need to be heard.

I have a misdemeanor, this bill would make it illegal for me to own the guns I already have and have purchased since my misdemeanor. The event that resulted in a misdemeanor was a result of me having a gun on my person with a concealed carry permit and when asked why had a gun I said its a deterrent, I was charged with brandishing because I used the word deterrent even though I was on my own property. The Judge wanted to dismiss the case the Prosecutor refused and told the Judge he dint have the authority to do so, there was an argument at the state level that a Judge does have the authority to dismiss a case prior to trial however this was not decided in time for my case . The gun involved was returned to me.

As a criminal attorney who has prosecuted and defended hundred (maybe thousands) of "domestic violence" cases, I vehemently oppose this law change. First, the Federal Government already makes such a convicted person "prohibited," 18 U.S.C. 922(g)(7). Where the error and difficulty truly lies is in the absolute inability for anyone convicted of a MISDEMEANOR domestic violence charge from EVER obtaining relief from a ban on their firearm disability. The Commonwealth does not have a mechanism for a court of competent jurisdiction (Circuit Court) to grant firearm rights back to someone convicted of such misdemeanor. I have represented many FELONS, both violent and non-violent, in obtaining their firearm rights back. Why is it that a FELON convicted of robbery with the use of a firearm 20 years ago is now able to be considered less of a threat to society? But a misdemeanant -perhaps spitting on, pushing, or being falsely accused of such things by their spouse amidst a divorce or custody battle- 10-20 years ago, is permanently prohibited from possessing or purchasing a firearm? That is the law NOW. Why would the Commonwealth waste its time in establishing yet another law to expand the number of prohibited people from EVER possessing a firearm? The only answer is oppression. This does nothing to further protect anyone in society. The racial disparity in this law is also appalling. Anecdotally, I see far more African American men actually convicted of domestic assault than white men. If there were a mechanism in Virginia for obtaining gun right back and lifting disabilities, similar to that for convicted felons, 18.2-308.2(C), then I would not oppose this law change. However, the Commonwealth shows its face again and continues to propose oppressive and baseless law changes in the name of "public safety" without any regard for the real world consequences or lack of data supporting such a change.

Please OPPOSE HB1909, HB1992, HB2128, HB2276, and HB2295! I’m an emergency room nurse, a competitive shooter, and a Virginian. I pride myself as a Virginian and a female and the ability to protect myself. According to the Supreme Court in 2008 and 2010, it is my right to defend myself with a firearm. As a female, I refuse to be a victim and carry EVERYWHERE EVERYDAY! To legislate that I cannot carry my firearm is to tie my hands behind my back and tell me to trust you with my life and that evil does not exist. I’m sorry to report that I do not trust you not with my life and evil certainly exists Gun free zones account for over 90% of mass shootings in our country , 100% of those committed in VA. Please allow Virginians to continue to have an active role in their own safety and oppose HB1909, HB1992, HB2128, HB2276, and HB2295. Additionally, please don’t tell me how you feel or how you feel about guns when you argue for these bills. Gun free zones are killing zones. This is life or death. Potentially my life. Your feelings do not trump my rights or my life. Education not legislation! My safety my body My choice I am a nurse, I save lives, let me protect mine Thank you.

My name is Heather and I am a volunteer with Moms Demand Action for Gun Sense in America.I support these bills for the safety of our families, communities and Commonwealth.

Greetings, Please follow the facts and science. Do not restrict our civil liberties based on emotional arguments. I have served our nation and spent years away from my family to defend our Constitution and the People it protects. Our government should NEVER act to restrict civil liberties so haphazardly. It saddens me to see a legislative body so quickly dismiss the core liberties in that document. These proposals do exactly that and absolutely nothing more than turn tens of thousands of your citizens into criminals. They do not make us safer. Life is full of risk. A vote for these unconstitutional firearms restrictions is not based in a conscious risk assessment. Fact. The real roots of crime and violence are poverty and drug use. Spend your time and effort in these. Create jobs, create opportunities for citizens to excel. Be tough on the criminals we already have. That will make my family safer. These proposals make us less safe. So do the right thing. We pray for you to be granted wisdom in these trying times and not criminalize with unconstitutional state laws tens of thousands of citizens. Why would you create greater divides? Spend time on the area where all agree there are legitimate issues, not in divisive ones. Respectfully Jarrett Rhodes

I think that something needs to be changed about not being able to own a gun or have a gun if you have a domestic assault on family member.I say this because some people may have defended themselves and got that charge on tht record ,now they can't carry because of that? How bout a woman who is currently getting beat but she went to jail instead of the abuser because he had the most brusies,that's not fair ,we need to be able to be able to carry for our safety so I ask that something else be in place when it comes to that.

As a Virginia resident, I’m against and for this bill. However I do believe that the bill as it is currently written needs to be altered to some extent. While I do think it’s a good idea, unfortunately for someone like myself it would make it illegal for someone like me to legally own a firearm. An otherwise law abiding citizen. My charge stems from an incident in which I was 20? my brother 17 at the time.? He had kicked me in my shins so my instant reaction was to slap him. He called the police and I was automatically in the wrong. A simple brotherly dispute, one in which my younger brother clearly instigated and started. Although he’s done this several times over the years this was the only time the charge stuck. Even though my mother spoke on my behalf letting the courts know my brother was, well these actions to him are considered normal. Mind you I’ve had him call the police several several times, and I was arrested several times due to his nonsense. All the other incidents eventually tossed out except this one charge from him which was the first, after awhile I was able to prove a pattern with him doing this, not only to myself but our other brothers as well. The courts took that into consideration, along with the fact our mother would come to the court dates and more less verify this. As a Virginia resident, and a second amendment supporter I’m all for sensible gun laws if they’re actually sensible. No one wishes to see mass murders, school shootings, or any other shooting where innocent lives are taken before their time. It honestly makes me sick when I hear these senseless crimes against my fellow Americans not only in the great state of Virginia, but across America as well. I know I’m not the only Virginia resident with something like this to happen to them. I speak for them, not only myself. I’m not a threat to anyone, I don’t wish violence on anyone. In many cases I’m actually the friend people call to help smooth over arguments between people, simply based on my calm and collective nature. As they know I’m a sensible person. I’m just your average citizen. Who only wants to live his life while chasing the American Dream. This bill would put a damper on parts of my life as I actively hunt, I engage in competition shooting, and other aspects of the Constitutions 2nd amendment. We have the Brady Law in play in the state of Virginia, which does serve this purpose. No it’s not to the extent that of this bill. It only covers that of spousal and or domesticated partners if I’m not mistaken. I urge my fellow Virginians to please think on this bill as let’s put provisions in it that will protect Virginians like myself, allowing us to keep our Constitutional right as Americans. Does a brotherly spat stemming from a brother who’s been deemed a habitual liar, who’s done this to all of his brothers numerous times, to the extent we’ve missed holidays due to being incarcerated on false charges, I was arrested in front of my son, missed seeing him open presents on Xmas because of this all from a brother who’s now also a convicted felon. Does this really warrant the demise of my constitutional rights not only as a Virginian but as an American Citizen as well? I honestly hope those who speak for the residents of the State of Virginia don’t think this warrants the demise of my Constitutional right.

I stand opposed, and ask you to oppose, all of the following named bills for the reasons stated here: HB1909 - schools, with children, are gun free zones and there is no need to impose restrictions on citizens in office buildings that happen to include school boards as occupants. HB1992 - Erroneously expands what qualifies as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. Absence of a provision to restore rights creates a lifetime ban on gun ownership for a mere misdemeanor. From a rights perspective under this bill, you are unintentionally incentivizing the abuser to seriously harm the other person and getting a felony conviction, from which their rights could eventually be restored. HB2128 - Unnecessarily extends number of days a person can be delayed in purchasing a firearm. There is ZERO evidence that this additional time would prevent violence. The current federal 3 day period is intended to correctly apply pressure on the government to do a timely background check. The basis of the NICS system is the promise to gun owners is that the background check system is an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in real-time. Best to follow federal law on how long a transfer can be delayed. HB2276 - Makes most homemade guns illegal. This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. The bill also makes the existing owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. Best to follow federal law on such guns. HB2295 - There have been NO events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. Prohibiting guns in state buildings and parking lots, including rest areas, strips citizens of their fundamental, Constitutionally protected, right to self-defense. There is no evidence to support that these bills would stop violence or in any other way enhance public safety. There is readily available evidence that demonstrates prohibiting people from exercising their rights actually puts them in a more dangerous position. Respectfully, consider the full spectrum of impact to all citizens before you seek to advance the erosion of our rights under the false premise of improved safety or security.

OPPOSE HB1909 - Permits School Boards to prohibit guns on their property. School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. OPPOSE HB1992 - Expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. OPPOSE HB2128 - Extends number of days a person can be delayed in purchasing a firearm. This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. Best to follow federal law on how long a transfer can be delayed. OPPOSE HB2276 - Makes most homemade guns illegal. This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns from 80% receivers completely, the bill makes the existing owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. Best to follow federal law on such guns. OPPOSE HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. It also prohibits guns in state buildings and parking lots, including rest areas.

Greetings Elected Servants, I urge you to OPPOSE the following bills: HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. Respectfully, James A. Delong Professional Husband, Father, and Paw-Paw Powhatan, Virginia 23139 Personal Mobile: 804.944.6592 Email: delong29@yahoo.com

I urge you not to support these bills for the following reasons: HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. Best to follow federal law on how long a transfer can be delayed. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns from 80% receivers completely, the bill makes the existing owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. Best to follow federal law on such guns. HB2295 - A solution in search of a problem. There have been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident.

HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. why cant i go into a building to take care of business with a tool to protect myself from other humans? HB1992 - If a misdemeanor of is not cause to remove someone from society then why do you think its ok to remove ones human rights to protect themselves??? HB2128 - creates nothing more then an additional hurdle for the citizen to protect him/herself. the government is to work FOR the people not against them. HB2276 - another bill that intends to stop criminals from making more tools for their bidding, those individuals wont abid by this law. So citizen not doing any wrong should be allowed to create, fashion, make, fabricate any tool thats not intended for ill will. HB2295 - you(government employees) can protect themselves but the people this government represents cant protect themselves on land and in buildings the people paid for?? I disagree with all these and any gun law, we need to be REMOVING gun laws from the books, not adding them.

As a life long resident of Virginia, and as a responsible gun owner, I STRONGLY OPPOSE all the gun related bills being discussed. The overwhelming majority of gun owners in Virginia safely and lawfully exercise their 2nd Amendment rights on a daily basis. Based on the available stats, the proposed bills do not make these or any other citizen safer, they merely criminalize the safe and otherwise lawful transportation of one's gun to arbitrary locations, and turn a the centuries old hobby of gun building into a felony. Is there evidence to suggest home made guns are used being used in a statistically significant number of crimes? Does not seem so. Does banning the lawful carrying of a self defense weapon near schools, voting locations, or other public venues make citizens safer? Again, not by available evidence. The proposed laws are poorly written and ultimately do nothing but stifle the average Virginian's ability to exercise their 2nd Amendment rights. Worse, these laws strip innocent citizens of their ability to defend themselves. As has been said time and time again, gun laws CAN NOT keep those wishing to break the law from doing so. Instead, these restrictions instead move us one step closer to disarming our citizens. Gun ownership equalizes protection -- for the mother alone at the park with her kids, for the young lady walking home alone in the dark, for the smaller man faced down by those wishing to do violence, and for the parents woken in the night by the sound of their house being broken in to. The Virginia State House has the ability to go after issues that would earn bipartisan support, but instead seems determined to squander this session by proposing bills curtailing the 2nd Amendment. Bills that not only lack bipartisan support, but which have bipartisan opposition. Thus, I implore those reading this message: Please listen to your constituents. Please listen to the facts. Please OPPOSE THESE BILLS, and stop seeking to impose more burdens on Virginians who simply wish to peacefully exercise their 2nd Amendment rights.

HB1909: Having heard local government officials debate local firearms ordinances in 2020, I do not believe that local officials have the necessary understanding of firearms or Virginia & federal law to be qualified to approve restrictions. School board officials are even less well equipped than county supervisors to understand the ramifications of a "gun-free zone" they might approve. They will also have little ability to enforce a gun-free zone that isn't already established under Virginia law, making their additional restrictions almost meaningless. HB1992: This bill covers a large variety of misdemeanor assaults, not just typical domestic violence against a spouse or other cohabiting family member. I am not convinced that misdemeanor convictions should result in a lifetime ban on gun possession. The bill also does not address how someone with a misdemeanor assault conviction from another state would know whether it is covered by this statute. HB2128: Three days is already a long enough period to deny someone a constitutional right due to slow-moving bureaucratic systems. The background checks are supposed to be "instant," so if they're taking longer than an hour, the solution should be to give the State Police the resources they need to do their work on time, not to punish gun buyers. Moreover, a gun dealer can voluntarily wait more than three days if they are concerned a customer might be barred from purchasing a gun. HB2276: Plastic guns and self-finished firearms are low-quality guns; not many people are interested in them since they are more likely to malfunction. Plastic guns are unable to function without metal parts (and ammunition) that are detectable by security screening devices. The language about unfinished frames & receivers is unacceptably vague. How is Virginia going to define the precise moment that a block of aluminum crosses the line from being a slightly milled block of aluminum to being an unfinished receiver? This will also create conflict with federal regulations, which would not recognize the item as a firearm. Federal regulations already address this issue by defining how much of the item can be finished before it becomes a firearm; Virginia need not add its own vaguely-worded definition. HB2295: As has just been demonstrated for the umpteenth time on Lobby Day, Virginia's gun owners are not a threat to the General Assembly, even when political tensions are high and legislators have been aggressively infringing on gun rights. For many years, concealed handgun permit holders carried guns safely throughout the General Assembly Building. Last year, tens of thousands gathered in Richmond with no incident; this year, large numbers of VCDL members conducted peaceful caravans through Richmond. This bill is fearmongering based on a dishonest stereotype of people who choose to carry firearms as violent insurrectionists. Moreover, it would restrict guns around the Capitol even when no legislators or employees are present, and even make it illegal to stop at rest stops on the interstates while carrying a gun.

I URGE YOU TO OPPOSE THE FOLLOWING BILLS TODAY: HB1909: School boards are offices with adult workers in them, just like thousands of offices across the commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992: This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun rights could be eventually restored. HB2128: This bill could make a person wait up to 5 business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, NOT a 5 day waiting period check, which, with weekends/holidays could be up to NINE DAYS in real time! The current 3 days is more than sufficient!! HB2276: This bill was written without a clear understanding of the current law on homemade guns for a persons' own use, which has been legal since Americas' founding. Besides banning personally made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295: A solution in search of a problem. There have been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on capital grounds and buildings for years responsibly and without incident. As a single older woman who has some physical limitations, I need to be able to defend myself and my children. I don't get around as well as I once did so being able to even the odds with someone younger and stronger through the use of a weapon is the only option that I have. Sincerely, Deborah Rice-Gump P.S. EXACTLY WHAT PART OF 'SHALL NOT BE INFRINGED' IS SO HARD TO COMPREHEND!!!! i THINK THOSE 4 WORDS ARE PRETTY CLEARLY STATED!!!

On the topic of the proposed Bill HB-1992, I am a former domestic violence survivor. I lived for several years with an abusive alcoholic who is now a class 6 felon for threatening my life in writing multiple times. It took me over 6 months to make an attempt at removing him from my life. He threatened to burn my house down, mutilate myself and my pets. He called the police on me, lying that I did things hoping, I would lose my clearance and my federal job so I would rely on him. I was unable to even go to the grocery store myself until I obtained my concealed carry permit. While I fully support the removal of gun rights from those who are convicted of domestic violence and/or are subject of a restraining order, I do not believe that punishment should have no route towards redemption for nonviolent misdameanor offenders. On the topic of the proposed Bill HB2295, I do not support this proposed bill, which, would leave women to include myself, unable to use the facilities at a rest stop safely. Sometimes, there is no choice but to use a rest area. However, as a woman, I would not feel comfortable using a rest stop without protection. I would also garner that this applies to state parks, which is maddening. My husband and I camp fervently at Virginia State Parks. We were married in a Virginia State Park. However, if I can not utilize my concealed weapon permit to lawfully carry my weapon on State property we will no longer utilize the parks. This will only prove to hurt our wonderful State parks and properties. I think our law makers in Virginia are losing sight of their constituent's reasons for lawfully carrying a weapon. We are not the ones breaking laws and shooting people. We carry because we want to ensure the safety of ourselves and those around us. We carry because, otherwise we may never feel safe enough to leave our homes. We carry because, our lives have been threatened before, because, our best friend had a run in with child traffickers, because, you never know what will happen and this world is becoming a scary place. Thank you!

HB1909: A tin sign with a silhouette of a pistol and a line through it has never made any location safer. It merely creates a restriction that for all practical purposes only applies to people who have no desire to harm anyone and creates absolutely no deterrent for someone who does. This bill, in the same vein, does not make the zones a school board owns or leases safer. On the contrary, denying the ability to carry a firearm by those who mean no harm only removes a potentially good actor from using a firearm to prevent the actions of a violent wrongdoer. Proponents of this bill will probably tell you a good actor with a gun is just a myth and never really happens, but such things do happen, and far more commonly than most realize. HB1992: Laws that amount to misdemeanors should not permanently bar an individual from firearm ownership. People can change, become better persons, and earn second chances. Legal systems across these United States adopt this principal, and this law cuts the opposite direction. HB2128: Effective background checks happen in roughly fifteen minutes. The current time limit of three days already greatly exceeds any time necessary and simply imposes extra hardship on the purchaser. An increase to five days more greatly harasses the purchaser. HB2276: This bill criminalizes gun owners who build or modify firearms with capabilities and features that they may legally own. Gun owners are commonly tinkerers and enjoy working with their hands to put their personal touches on what they own. Virginia law should not discourage these types of hobbies. So long as modifications or builds do not produce a firearm with prohibited features and functions, Virginia law should not criminalize such. Furthermore, the language of the bill reads unclearly. Two people making an earnest attempt to determine what the bill would prohibit versus what it would permit could reach entirely different conclusions. HB2295: CapitolSquare, the surrounding area, and buildings leased by the Commonwealth do not belong to legislators or a governor. They belong to the residents of the Commonwealth; hence, the rightful owners of those locations should not have to separate themselves from their Constitutionally protected right to carry arms to enter those areas. Not every visitor, coming from far and wide, has the ability to lock their firearm in a vehicle or some other secure location during the portion of their day when visiting such locations. For this bill to advance, it should gain two provisions: (1) Restricted areas carry the requirement of a ration of one armed security guard per N number of visitors, where N may vary between locations, but never exceeds what a single armed guard could reasonably protect at any instant. (2) Areas subject to the language of this bill must provide guarded containers for securing firearms while visitors occupy the area at no cost to any Virginian. Without those two provisions, this bill should not move forward. I haven't resided in Virginia, where I grew up, for 20 years. I've resided in Washington, DC, where laws like these already exist and do not make our communities safer. I work in Virginia, still have family in Virginia, and spend time in Virginia daily. I care about the Commonwealth deeply and will always be a Virginian first wherever I may reside. Don't pass these bills. They won't make anyone safer. Sincerely, Brian Wrenn

Please oppose HB2276 for these reasons. 1-serial numbers don't prevent crimes, and if a firearm is stolen or used by criminals they can be removed or altered thus being pointless. 2-for anybody who is a criminal that's lost their gun rights, it's illegal to possess a gun let alone build one, so a serial number isn't solving anything. 3-what's described as an unfinished receiver is merely a piece of metal...any gun is made from raw materials, it shouldn't be a crime to possess or buy a piece of metal. 4-any gun owner who has made a firearm from an unfinished receiver or has an unfinished receiver is now criminalized over a right to bear arms. 5-for anybody who is truly concerned about tracing a firearm over a serial number, why can't the individual making the firearm or completing the receiver engrave, stamp, etch or imprint a unique serial number themself instead of forcing them to pay for and use a federal firearms manufacturer? After all, those guns are for personal use, otherwise a manufacturing license would be needed anyways. Oppose HB1909, I don't see where that will reduce or prevent crime. It could also use an exemption for concealed handgun permit holders. Oppose HB1992. Why should anyone lose rights over misdemeanors? There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights PERSPECTIVE under this bill, the person charged would be better off getting a felony conviction, from which their gun-rights could eventually be restored. Oppose HB2128. The NICS check is supposed to be instant, for anybody getting delayed 3 days is more then sufficient and there's no excuse for needing more time. Thank you for your time and service.

HB1909 - Permits School Boards to prohibit guns on their property. School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - Expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - Extends number of days a person can be delayed in purchasing a firearm. This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. Best to follow federal law on how long a transfer can be delayed. Even lawful buyers get held up this would be an undo burden. HB2276 - Makes most homemade guns illegal. This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns from 80% receivers completely, the bill makes the existing owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. Best to follow federal law on such guns.No evidence that 80% firearms are a problem. HB2295 - Would you really vote to limit a right in which you already have? There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. It also prohibits guns in state buildings and parking lots, including rest areas

My name is Ashley and I support this bill because it will save lives and protect families. Thank you.

I don't approve of HB 1909, HB 1992 and HB 2128 because it may be resourceful as a deterrent for future violent crimes, but it's not the solution for the families and communities whose impacted presently. It will make it more difficult for hard working, honest citizens to protect themselves and their property. If in distress, this can create a life or death situation for a innocent victim(s). I only approve of HB 2276 if it can be proven in court that the firearm(s) recovered by law enforcement was either purchased illegally or stolen from it's original owner. I have no comment about HB 2295 because I was under the assumption that firearms were prohibited from state grounds unless if it's the property of the state. As of HB 2231 and HB 2216, I support these bills because 1. HB 2216 makes the safety and welfare of the citizens of the Commonwealth a priority regardless of age, race, gender or disability and 2. HB2231 is an additional resource law enforcement can use in the communities they serve to ensure transparency and restore communication and trust.

HB1992 – This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to remove citizens gun rights. There is no provision to restore these rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun rights perspective, under this bill, the person charged would be better off if they had seriously harmed the other person and getting a felony conviction. From which their gun rights could eventually be restored.

Brady strongly encourages this Committee to vote in favor of HB 2276. These unregulated and untraceable weapons are both being made and transported into Virginia, into the criminal market, and into the hands of those prohibited from owning firearms. It is important to act proactively and aggressively to prevent the continued proliferation of these weapons. Brady strongly encourages this Committee to vote in favor of HB 2128 to allow more time for a Virginia state firearms background check to be completed, thus helping to ensure that guns are only sold to legal purchasers and preventing further acts of gun violence across the Commonwealth. Brady strongly encourages this Committee to vote in favor of HB 1992. It is absolutely imperative that Virginia take this important step to ensure that those convicted of domestic violence in the Commonwealth cannot continue to purchase or possess firearms. Brady strongly encourages this Committee to vote in favor of HB 2295. Public officials must assume that this type of intimidation will continue and must take action to protect themselves, the public, and our democratic processes. Firearms have no place in political discourse, and this committee has the opportunity to help ensure no one will feel threatened in the course of advocating for, or passing legislation in the future.

I’m Norma with Moms Demand Action in Reston, and I support these bills because they will safe lives

At the age of 19, I was committed of assault against a household member. This was a young roommate /spat situation. Neither of us were arrested or made to leave or even separate after the occurrence that day. We handled the situation and I mistakenly trusted the courts not aware or the severity of my charges at the time , the other party was charged appropriately as this was not a domestic violence situation. I paid a small fine, anger management counseling was waived and there was nothing to indicate how serious my charges were, or that it impacted my ability to own a fire arm. Years(15 years!) later not understanding the my original charges from being a teenager I wanted started taking the responsible steps to owning a gun, I thought I was doing the responsible thing by taking a safety course ( with a law enforcement officer!) and then a year or so later went to purchase a gun. I was denied and was confused as to why, I reached out to VA state police and still didn’t fully understand how my smack on the hand charges from years prior would prohibit me from being a responsible gun owner now. Months later I was arrested, it was a terribly and scary experience . I spent months and thousands of dollars (as I will never trust a court appointed attorney again) fighting FELONY charges. I’ve lost confidence in the law enforcement and court systems in place. And all over what I consider a mishandling of my original charges , keep in mind my roommate at the time was charged properly, she can own a gun , I can’t. It was the same exact occurrence . This law is too strict and does not allow for human/ court error. Regardless, age and circumstances do charge over time and withholding someone’s gun rights for their entire life is not acceptable. Since my altercation I’ve had Zero law infractions , aside from minor traffic. I’m a hardworking American who has held one or more jobs, paid taxes for years and am being denied this right and now having to fight for the correction. The government should not have this kind of authority over a smaller infraction .

As for HB1909, it is not necessary and how will anyone know if that's a gun free zone? It can be very confusing and any determined mass shooter will not be deterred by it. HB2128 is a 5-day waiting period. Why do we need it? I'd rather we keep the instant check system. What if a domestic violence victims needs a gun now for protection? A 5-day wait can end in his/ her death if he/ she does not obtain a gun on time and the abuser shoots and kills him/ her. Puts the criminal at a greater advantage over the victim. HB2276 is also a bad idea since it makes a gun owner having spare parts for his/ her gun a criminal. Having spare parts that are legally bought for a firearm is not unlawful. You are criminalizing legal gun owners this way and criminals do not even obey this law. HB2295 is also a bad idea as this will hurt city revenue for Richmond by driving away travelers who legally conceal carry. Also no need for HB1992 since it's already against federal law to allow convicted domestic abusers from owning firearms. You are adding more laws that are not only confusing but difficult to enforce.

HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident.

HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in real time. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident.

I urge you to OPPOSE all of these bills. They collectively demonstrate an uninformed understanding of empirical evidence (and, in the case of HB 2276, common sense, historical norms, or reality) and illustrate the overbearing, hyper-partisan motivations under-girding such proposals. You cannot legislate morality, and creating new classes of criminals or imposing additional bureaucratic nonsense for political gain and reasons unsupported by either facts or history is inherently antithetical to the notions of liberty and individual rights we all hold so dearly. HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in real-time. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident.

I urge you to OPPOSE all of these bills. They collectively demonstrate an uninformed understanding of empirical evidence (and, in the case of HB 2276, common sense, historical norms, or reality) and illustrate the overbearing, hyper-partisan motivations undergirding such proposals. You cannot legislate morality, and creating new classes of criminals or imposing additional bureaucratic nonsense for political gain and reasons unsupported by either facts or history is inherently antithetical to the notions of liberty and individual rights we all hold so dearly. HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident.

I do not support HB1992 as written as allows for a ban on possession for life based on a misdemeanor conviction and allows no opportunity for redress, even decades later. This is stricter than how felony convictions are treated. I do not support HB2128 as it penalizes residents, especially those with common surnames, for the lack of resources provided to VSP. I instead encourage you to support additional funding to the VSP so through background checks can be completed within the current three day window. I do not support HB2276 as it is contrary to current ATF practice for serializing hobbyist firearms and effectively creates a unique definition of firearms that doesn't match the federal definition. This will lead to lawsuits and associated costs with seemingly little benefit to gun violence reduction. Secondly it may effectively ban most modern polymer framed firearms. As for HB2285 this is only supportable if sufficient resources are provided to VSP to guarantee a 15min background check process for all applicants. It is clear this bill is intended to limit access to renting firearms at ranges by non gun owners. I cannot support this bill with it's current language and without matching budget support. Thank you for your time, Richard Edwards

I urge you to OPPOSE the following bills in subcommittee today: HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. Sincerely, Blake

I strongly oppose the passing of HP 1992. The definition set forth in Virginia code 16.1 -288 does not mirror the federal definition of a household member. Since the definition of a Virginia household family member differs from the Federal definition of a household family member, Virginia courts will not be able to remove the disability imposed by Federal law. On its face, this bill causes confusion to the average person. Residents will leave the courthouse thinking their firearm rights are restored, only to be prosecuted when attempting to purchase a firearm. Our court dockets will be further bogged by unprosecutable cases.

I urge you to OPPOSE the following bills in subcommittee today: HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident.

I urge you to OPPOSE the following bills in subcommittee today: HB1909 - School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - This bill expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. HB2276 - This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns completely, the bill makes the owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. HB2295 - A solution in search of a problem. There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. We oppose all of these unnecessary and unconstitutional infringements upon our God-given right to protect ourselves! And we will dedicate our time, energy and treasure to oppose everyone who votes for these bills in your next election.

I support these bills HB1909, HB1992, HB2128, HB2276, and HB2295 please pass them. I support HB2295. On January 6th in the US Capitol, and in the week since, we have seen the effectiveness of laws in DC which restrict firearms in sensitive places, such as the National Mall and the grounds of the public buildings in our Naional Capitol. Rioters who were carrying weapons were easily identified, stopped, and charged. I urge you to support HB 2295, which will give our Virginia Capitol Police another tool to keep our public spaces accessible to all who wish to participate in our government and speak with their representatives. I also urge you to exert whatever oversight is possible of the Richmond Police who chose not to enforce local gun ban ordinances yesterday when those rules were visibly and intentionally disobeyed by vigilante "militia" mobs trying to terrorize Richmond neighborhoods by parading around. Do not let the Richmond Police selectively enforce and subvert the clear intent of the General Assembly and the City of Richmond in passing laws last year allowing local control over limiting guns at public events and in public locations.

My name is Gayatri from Fairfax with Moms Demand Action and I support all of these bills.

HB 1909: School board meetings are typically held in buildings that are leased or owned by county governments, which already have the authority to ban firearms from their buildings. This duplicates the same authority. HB 1992: Federal law already prohibits transfer of firearms to individuals with domestic violence misdemeanor convictions. This adds zero public safety, as it already duplicates federal law. HB2276: Adds absolutely nothing to public safety. Unconstitutional as it attempts to shift the burden of proof to the accused, not law enforcement. HB2295: Adds costs without improving public safety.

Hello, I'm a Virginia resident and volunteer with Moms Demand Action for Gun Sense in America. I support all of these bills. In particular, ghost guns are a disturbing development which allow people to circumvent all the laws we put in place. Thank you for considering these bills.

HB1909: Having heard local government officials debate local firearms ordinances in 2020, I do not believe that local officials have the necessary understanding of firearms or Virginia & federal law to be qualified to approve restrictions. School board officials are even less well equipped than county supervisors to understand the ramifications of a "gun-free zone" they might approve. They will also have little ability to enforce a gun-free zone that isn't already established under Virginia law, making their additional restrictions almost meaningless. HB1992: This bill covers a large variety of misdemeanor assaults, not just typical domestic violence against a spouse or other cohabiting family member. I am not convinced that misdemeanor convictions should result in a lifetime ban on gun possession. The bill also does not address how someone with a misdemeanor assault conviction from another state would know whether it is covered by this statute. HB2128: Three days is already a long enough period to deny someone a constitutional right due to slow-moving bureaucratic systems. Moreover, a gun dealer can voluntarily wait more than three days if they are concerned a customer might be barred from purchasing a gun. HB2276: Plastic guns and self-finished firearms are low-quality guns; not many people are interested in them since they are more likely to malfunction. Plastic guns are unable to function without metal parts (and ammunition) that are detectable by security screening devices. As for unfinished frames & receivers, how is Virginia going to define the precise moment that a block of aluminum crosses the line from being a slightly milled block of aluminum to being an unfinished receiver? Wouldn't this create a conflict with federal law, which would not recognize the item as a firearm? Federal regulations already cover this issue by defining how much of the item can be finished before it becomes a firearm. HB2295: As has just been demonstrated for the umpteenth time on Lobby Day, Virginia's gun owners are not a threat to the General Assembly, even when political tensions are high and legislators have been aggressively infringing on gun rights. For many years, concealed handgun permit holders carried guns safely throughout the General Assembly Building. Last year, tens of thousands gathered in Richmond with no incident; this year, large numbers of VCDL members conducted peaceful caravans through Richmond. This bill is fearmongering based on a dishonest stereotype of people who choose to carry firearms as violent insurrectionists.

As a survivor of family domestic violence, a law like this would have changed my life. I support this bill and know that it will save lives as soon as it is implemented. I hope you will do what is best for protecting vulnerable Virginians.

My name is Mary Ann Ressin, from Vienna, VA. I'm a member of Moms Demamd Action for Gun Sense in America and I support HB 1992, HB 2276, HB 2295, HB 2128

HB 1992 I strongly support this bill to prohibit anyone from possessing a fire arm if they've been convicted of a violent Domestic Violence incident. I watched my father put his fist through a door window when attempting to hit my mother. A few years later he threatened to kill himself with his shotgun in front of my mother, sister and I. Domestic Violence escalates. My fathers guns should have been taken from him after he tried to hit my mother. HB 2128 I strongly support expanding the time law enforcement is given to determine if a citizen should be allowed to purchase a gun. A 3 day window is too short to ensure an applicant qualifies to own a weapon. We do not want someone to get a permit to carry a gun by default as in the case of the mass murderer in Charleston SC. HB2276 I strongly support requiring that firearm components be traceable for the purpose of assembling a firearm. If law enforcement can not trace the parts used to assemble a firearm they are hindered in their #1 purpose: to protect the citizens of VA. HB 2295 I strongly support giving our House and Senate lawmakers permission to oversee the grounds of the Capitol in order to ensure public safety. This bill gives our lawmakers the authority to prohibit citizens from bringing weapons to the Capitol grounds. No citizen should feel intimidated or threatened by those who brandish firearms on the grounds of our Capitol.

Brady strongly encourages this Sub-Committee to vote in favor of HB 2276. These unregulated and untraceable weapons are both being made and transported into Virginia, into the criminal market, and into the hands of those prohibited from owning firearms. It is important to act proactively and aggressively to prevent the continued proliferation of these weapons. Brady strongly encourages this Sub-Committee to vote in favor of HB 2128 to allow more time for a Virginia state firearms background check to be completed, thus helping to ensure that guns are only sold to legal purchasers and preventing further acts of gun violence across the Commonwealth. Brady strongly encourages this Sub-Committee to vote in favor of HB 1992. It is absolutely imperative that Virginia take this important step to ensure that those convicted of domestic violence in the Commonwealth cannot continue to purchase or possess firearms. Comprehensive written testimony will be provided to all sub-committee members via email in advance of the hearing. Brady strongly encourages this Sub-Committee to vote in favor of HB 2295. Public officials must assume that this type of intimidation will continue and must take action to protect themselves, the public, and our democratic processes. Firearms have no place in political discourse, and this sub-committee has the opportunity to help ensure no one will feel threatened in the course of advocating for, or passing legislation in the future. Comprehensive written testimony for each of these bills will be provided to all sub-committee members via email in advance of the hearing.

Giffords supports this bill and has emailed written testimony to committee members with further information.

Federal law’s restriction on firearm access by people subject to domestic violence-related protective orders only applies if the court order is one that restrains the respondent from abusing an “intimate partner;” that term is defined narrowly under federal law to include the respondent’s spouse or former spouse, an individual who has a child in common with the respondent, or an individual who currently or previously lived with the respondent, but not any other dating partners. State laws that prohibit firearm possession by those convicted of any violent misdemeanor were associated with a 21% reduction in firearm intimate partner homicide.

Chairman and Members of the Committee, I strongly disagree with HB2017. We, as a society, need to start asking ourselves why our children would need to go to “youth court”. Is there a problem at home ? Are they being bullied at school? Are they hungry or homeless? Do they have a disability? Did they take their medication or are they having a reaction to medication? Youth court is not the answer.

Chairman and Members of the Committee, I strongly disagree with HB2017. We, as a society, need to start asking ourselves why our children would need to go to “youth court”. Is there a problem at home ? Are they being bullied at school? Are they hungry or homeless? Do they have a disability? Did they take their medication or are they having a reaction to medication? Youth court is not the answer.

Autism is a short circuit in the brain. There is no cure for Autism, just like there is no cure for Down’s Syndrome. There are ways to improve behavior, there are ways to teach and educate, and there are ways to protect and ensure the future for people who suffer from Intellectual and Learning Disabilities. It is not their fault that they were born this way… How a person with a disability thinks, learns, socializes, their strengths and weaknesses, are not necessarily something they can control. It is the mental version of being blind. In many ways, those who have Autism, are more likely to be endangered, abused, bullied, taken advantage of, manipulated, tricked, etc and so on, because they do not learn and comprehend this World of so-called “social norms”. We have spoken to countless people regarding cases such as these. No one we have spoken to believes that someone with Autism, should be put in the prison system, for a crime that was never committed. That would be a major injustice. That would be a horrible injustice and for someone with Autism, that they would never recover from. Never, would I ever, believe that I have to save the Vulnerable from our Justice System. We believe in protecting the Vulnerable – which includes – Children, the Elderly and the Ones with Intellectual and Learning Disabilities. Senator Stuart said, and I quote, “It is clear that individuals, most often children or young adults, who have been diagnosed with Autism, or an intellectual disability by a psychiatrist or clinical psychologist, call for special consideration during the judicial process.” I could not agree more with that statement… I support this bill, wholeheartedly... Cynthia J. Wheeling

We need a way to stop this online predators in our community.

The City of Newport News strongly supports HB 2017 to allow for the creation of a youth peer diversion program. Restorative justice programs such as peer diversion have the potential to reduce a young person's future involvement with the criminal justice system by allowing first time offenders to be sanctioned by a group of their peers who have been appropriately trained to do so. For many, this is an opportunity to avoid juvenile court and and a formal juvenile record. The peer diversion program provides a more positive interaction for the offender and a learning opportunity for the young people involved.

I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.

Virginia First Cities (VFC) supports HB 2017 because it is a program that reduces youthful contacts with the criminal justice system. Avoiding incarceration leads to better outcomes for children and removes the stigma of a criminal conviction. We support this novel diversionary program for non-violent youth because it focuses on restitution, rehabilitation, accountability, education, and competency building. As VFC promotes community wealth building for citizens and self-sufficiency, this program will help to ensure that a student’s record is not a barrier in their lives. A criminal record can be devastating to opportunities in education and employment.

VSC NAACP support 2038

My name is Eugene Oliver and I am President of the Virginia Association of Criminal Defense Lawyers. I was unable to sign up to speak for the evening session today, but wanted to express our support for the following bills and a brief reasoning as to why: HB 1936 - The Robbery statute as it is now is overly broad and could lead to life sentences for any amount of force combined with a larceny. By establishing degrees of robbery, this bill will lead to more equitable results and that the punishment received more accurately reflects the severity of the offense. HB 2038 - We believe it is important that individuals are not needlessly locked up on technical violations. We wholeheartedly support this bill as a fairer and more equitable way of handling probation violations and issues surrounding the suspension of sentences. HB 2047 - The current law is extremely restrictive as to when information about mental health can be introduced. By allowing mental health evidence when it goes to guilt or innocence or when it would otherwise be relevant as to a defendant's mental state. HB 2290 - In eliminating subsequent enhanced penalties on misdemeanor larcenies, this bill fixes an often seen unjust result where an individual picks up a jail sentence or a felony conviction for a de minimis theft or other larceny. By repealing 18.2-104 and eliminating mandatory minimum sentences or the possibility of a felony conviction, we would be allowing discretion to return in how courts treat these charges and avoiding excessive punishments for thefts that are deemed as non-felonious in their value. Thank you in advance for your consideration of our position on these bills and we ask that you support these bills and report them out of committee.

I greatly oppose this bill. I am a full-time resident of Moneta and live directly on Smith Mountain Lake. I recently heard about House Bill #2083 and am deeply concerned at the total lack of knowledge and honesty involved in this process up to this point. I will get to all that at the end, but first I would like to let you know a little bit about our experience on the lake and with the sport of wakesurfing. Unfortunately, there was a lot of misinformation given during the initial committee hearing on January 18 and the meeting on January 20. There was also an article written in The Roanoke Times with the same incorrect facts. The article claims that “The boats try to get closer to the shore because more shallow water will allow them to create a better curl.” This is about as incorrect as can be, and the author of the article removed the quote after being informed of the error. The exact opposite is true because the boats will legitimately not function in shallow water. This misinformation has led to a lot of confusion and should have been addressed before the vote was cast in the meeting on January 20. My main concern with this bill being passed is the safety of those who enjoy wakesurfing. If this bill were to go into law, enjoying this sport would become dangerous at Smith Mountain Lake. Instead of being allowed to surf in areas of the lake with lower traffic, all these boats will be forced out to the main channel. The main channel, specifically on the weekends, is incredibly dangerous for any tow sports. Tubing, waterskiing, wakeboarding, wake surfing, etc. are all very unsafe to do in the main channel or wider areas of the lake. Those areas are extremely busy with boat traffic. Visitors to the lake can rent boats and jet skis with zero experience and whip around the lake however they please. Also, by taking away the ability to wakesurf safely on the lake, the economy of the lake will be negatively impacted. The boat dealerships that sell wakeboard boats will be hurt. The shops on the lake that sell wakesurf boards will be hurt. The places that hire summer employees to work there and to give wakesurf lessons will be hurt. The area around Smith Mountain Lake relies heavily on the summer business to build and maintain our local economy. Finally, during the meeting on January 20, Delegate Byron claimed that, “There is great support for this, all the lake owners want it. Bedford and Franklin want it as well.” Again, this is no where close to the truth. I was able to read through all the comments submitted to the committee before the meeting on January 20. Out of the 58 comments submitted on the subject, 4 were in support of the passage of the bill, and the other 54 were in opposition. This proves that there is a huge lack of support for this bill from the residents of Smith Mountain Lake.

Virginia Victim Assistance Network, an organization of all victim/witness advocate offices around the commonwealth. We serve over 75,000 victims of crime annually and is the only statewide nonprofit organization that provides services to any victim of any crime. VVAN opposes this legislation. While we are comforted by the exclusions included, we cannot ignore the other technical violations that would be impacted by this policy. Our victim/witness advocates have victims experience multiple calls and attempts to contact them from their offenders, some from recorded jail house phones. There are offenders who do not pay their restitution or do not complete VASAP. these are not new crimes but are technical violations that jeopardize victim safety and wellness. We would be happy to help the delegate craft a more surgical approach that can rectify the problems of probation violations without subjecting victims to to possibilities for more harm.

Virginia has the power and momentum to fix disparities in the criminal justice system and provide better support to communities. These bills will go a long way in addressing those and I encourage all to support them. HB 2038: Probation was originally intended to help people successfully transition from incarceration to the community, but has often served as a no-win situation that ensures their failure and return to prison. 51% of VA prison admissions were a result of parole or probation violations in 2016. 51%! Probation should be about helping people, not an excuse to further punish people trying to right their lives. Let’s get supervision conditions tailored to the individual and incentivize positive behavior and completion of recidivism-reducing programs. HB 2047: Leaning on the Stamper v. Commonwealth reasoning completely disrespects mentally ill Virginians and ignores everything we have learned in the 35 years since. Further, it violates an accused’s Constitutional right to a full-throated defense. Let’s enable juries to consider all the facts, including where mental health is relevant by supporting HB 2047. HB 2286: In Virginia, our pretrial system leads to people, especially poor people, being held unnecessarily for days before they can be released simply because they are not appointed a lawyer in a timely manner. By allowing/ensuring that individuals have an attorney when they first appear in front of a judge, bail can be considered immediately, in turn reducing additional and unnecessary time that a person - who has not been convicted - is being held in jail. That way people who aren’t a flight risk or a risk to themselves or others can return to their homes, reducing the overall negative impact on their lives. Pretrial detention costs the Commonwealth more money, and leads to 4x greater likelihood of being sentenced to jail, 3x longer jail sentences as well as 3x greater likelihood of being sentenced to prison, 2x longer prison sentences, and overall worse life outcomes. (NLADA, USAPP) Thank you very much for your consideration of these bills.

I believe this bill is very important because there is dire need for limitations on probation violation sentencing. I didn’t pay much attention to the matter until I’ve seen how life changing this could be. My husband is currently incarcerated for a technical probation violation and was sentenced for 3 years at arlington county detention facility. He has 14 years of back up time for an armed robbery felony offense that he plead guilty to when he was 18. After serving his initial jail time of 4 years he rejoined society but with mental health issues. He battles with depression and anxiety and substance abuse. This substance abuse is what caused him to violate probation. He is no threat to society whatsoever. He has not committed any other crime after his felony. We have a 1 1/2 year old son together who he hasn’t held since he was 1 month old because his mental health and substance abuse wasn’t considered in his sentencing. 3 years of incarceration seems quite excessive to me for a technical violation. Incarceration for such a long period of time over a technical violation doesn’t solve anything. Instead of using resources to get addicts the help they need, giving them more incarceration time away from their families is a step in the wrong direction. Putting a limit on how much incarceration time can be given for a non criminal violation is exactly the kind of boundaries this legal system needs.

VSC NAACP are in support of HB 2056

VSC NAACP are in support of HB 2056

Dear Chair Herring and honorable members of the committee, my name is Cherice Hopkins, and I’m Senior Counsel at Rights4Girls, a human rights organization dedicated to defending the rights of vulnerable girls through advocacy, coalition-building, public awareness campaigns, research, and training and technical assistance. We have worked to shed light on the widespread criminalization of survivors of gendered violence, particularly girls of color, through the publication of reports like The Sexual Abuse to Prison Pipeline: The Girls’ Story. Today we submit testimony to urge you to pass HB 2056, which takes a critical step in bringing Virginia’s laws in line with the latest research and providing a trauma-informed response to children touched by Virginia’s juvenile justice system by eliminating the Valid Court Order (VCO) exception. As advocates who work at the intersection of race, gender, violence and justice-involvement, we strongly urge Virginia to follow the lead of the majority of states and deinstitutionalize status offenders by eliminating the VCO loophole. Research is clear that detaining children for these non-serious behaviors is harmful and leads to future justice-involvement. Also, it is not a cost-effective measure to deal with issues like skipping school. Research shows that sexual abuse is a primary predictor of girls’ justice system involvement. Nationally, 73% of girls behind bars experienced sexual or physical abuse before entering the system, but in some states, the rates are even higher. When examining these high rates of trauma together with the most common offenses for girls, it is clear that girls are being criminalized because of their abuse. The most common offenses for girls include the status offenses of running away and truancy—behaviors that are strongly correlated with trauma. The limited data available on girls in Virginia’s juvenile justice system suggests that Virginia girls are being impacted by the abuse to prison pipeline. For example, girls in Virginia are overrepresented among status offenders (e.g., in 2017 girls comprised 61.5% of runaway complaints compared to boys who comprised 38.5%). In addition, racial disparities cannot be ignored as Black girls were significantly overrepresented among girls in the system. Research shows that when vulnerable and marginalized girls experience abuse and trauma, they often lack access to support services and vital interventions needed for their safety and wellbeing, consequently forcing them to take their protection into their own hands. This often results in avoidant or escapist behavior commonly associated with status offenses, particularly the offenses of truancy and running away. The appropriate response is to seek to address the underlying cause of such behavior—not criminalize and confine young girls for seeking to escape abuse and trauma. We urge the committee to help bring Virginia up to date with the latest research and findings on at-risk youth and system involvement. Eliminating this exception is in keeping with Virginia’s recent work with the National Governor’s Association to expand trauma-informed responses throughout the Commonwealth. Virginia cannot be trauma-informed if it continues practices proven to harm young people—a practice already eliminated in 32 states. Therefore, passing HB 2056 is vitally important to advancing Virginia’s efforts to protect survivors of violence and vulnerable children. Thank you.

Dear Delegates, I am writing in support of HB 2056 as a representative of William & Mary Law School's Criminal Law Society. Our organization strongly supports ending the use of the valid court order (VCO) exception because no child should face imprisonment for status offenses such as skipping school, running away from home, or violating curfew. As evidenced by the Prohibiting Detention of Youth Status Offenders Act of 2015, there exists national bipartisan support for ending the use of the VCO exception, and the time has come to implement this change in the Commonwealth of Virginia. HB 2056 would improve outcomes for Virginia’s youth. According to the Justice Policy Institute (JPI), imprisoning children—including those in violation of status offenses—increases their chances of reentering the criminal justice system later in life; probability of reentry rises with a child’s frequency of incarceration. Additionally, per Virginia’s Department of Juvenile Justice, the Commonwealth’s three-year reconviction rate for children committed and released from juvenile prison is approximately seventy-four percent, and a child’s probability of arrest for a future crime increases by nearly thirty-three percent for every year spent in a youth prison in Virginia. Simply put, incarceration has the opposite effect of encouraging recidivism. Incarceration is also costly. According to JPI, Virginia spends more than $400 per day to confine children, for a total of approximately $150,000 per child annually. More importantly, incarceration neither teaches children how to become law-abiding citizens, nor provides them with adequate services to properly address the underlying causes of the initial offenses. Instead, children need community- and family-based services, as these services have proven more effective in preventing children from re-engaging with the criminal justice system than incarceration and reduce the state’s overall costs. For example, Multisystemic Therapy, an intensive community- and family-based intervention program, reduces recidivism rates in children up to seventy percent and provides the state with a rate of return on investment of sixty-two percent. We reiterate our avid support for HB 2056 and humbly urge you to consider ending the VCO exception in our great Commonwealth. We appreciate your consideration on this matter. Sincerely, Matt Dorritie (on behalf of William & Mary Law School's Criminal Law Society)

Please pass HB2056 to end the use of the valid court order exception in Virginia. 32 states have already eliminated the practice of locking up children for noncriminal behavior. It is shocking that this is how Virginia responds to youth in need, to these marginalized, vulnerable citizens. Research shows that the longer a child is incarcerated, the greater the likelihood the child will be further involved in the justice system, the less likely that child is to graduate from high school and the likelihood the child will get a good job is also diminished significantly. There has been a great deal of effort made in Virginia to comply with the JJDP Act, that specifically requires states that receive federal juvenile justice dollars to stop locking up status offenders. But the only way to truly comply with the Act is to end the use of the valid court order exception all together. Hundreds of Virginia youths per year (2017-2019) have been locked up using the VCO; children/youth who needed services, support, supervision - not incarceration. We must increase access to services and stop locking up our children when their behaviors demonstrate to us that they are in great need. Thank you.

RISE for Youth supports this bill and urges members of the Courts of Justice Committee to act favorably on HB 2056. We must prevent youth from being incarcerated for minor status offenses (like running away from home or skipping school). Incarceration is not an effective treatment and only further traumatizes our youth.

We need a way to stop this online predators in our community.

I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.

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.

The Legal Aid Justice Center supports HB2056.

I support all the bills selected

I very much support this legislation. It is line with the recommendations of the Juvenile Justice and Delinquency Prevention Act. Locking kids up on status offenses is a terrible idea, but something we do a lot in certain jurisdictions. Kids who are running away or missing school need a very different kind of intervention than detention. It is a short-sighted response, which is not evidence-based, just hardens kids, and keeps us from addressing the root causes of their behavior. All it does is temporarily interrupt the cycle, but it rarely does anything to improve the situation. The juvenile justice system is not very creative in this regard. If a kid is not attending school regularly, putting them in detention only further separates them from school. It is hard for young people to re-integrate into a regular school after being in detention for ten days. Additionally, kids who run away are usually doing so for very good reasons. We need to provide intensive family therapy in these situations to address the conflict or safety threat in the home so that the home is a supportive environment that the child does not need to escape.

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.

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.

Madam Chairman and Members of the Committee, I support HB2073. Thank you.

Hi Delegate Kelly, I wrote a comment late last night for today's session on HB 2073. I wrote through this site I'm currently using. Question, How do I get a copy of my written comments? Thank you Debbie

The reason I am in favor of the bill 2073 because it allows my family and I to have fair representation. My wife was murdered on May 31, 2019 in the city of Virginia Beach at the Public Utilities building on city property. The city required my family through all the fog and emotional turmoil of losing my best friend wife and mother to my children to provide a letter of intent to seek legal recourse. I followed the rules and did so on the be half of myself and my daughters. Please take a moment and quietly put your self in my position. If your loved one had been murdered and you world been turned upside down would you not want some sort of compensation or retribution? My wife Kate was second in charge of Public Utilities and told me everything about its day to day business because that's what husband and wife's do. I know alot and certain details the city of Virginia Beach would not like you to know. They have made the investigation of the murder of my wife last way longer than it professionally should have. The Charollitsville incident took less than six months to investigate , so why is the city of Virginia Beach paying Lobbyist and delaying the findings of the Virginia Beach mass shooting? The answer is simple, they have been running the clock on me and the families to decide if we should seek legal recourse for the loss of our loved ones. Let me ask you this question how is this fair? The city is playing a game with us the victims and trust me when I tell you this it will not end well for the city and it image if the succeed in running the clock up on us. I am already in talks with other mass shooting victims from the Florida Parkland school shooting. If the city of Virginia Beach's lobbyist win over the house's decision on this matter, I am willing and ready to take this issue to a national level as well as publicating the May 31, 2019 Virginia Beach Mass shooting, I hope it does not come to this but for my daughters sake Morgan 14, Madilyn 8, Mackenzie 2, I will do everything in my power to make sure my wife Kate Nixon has not perished in vain. All I am and the families are asking for is to reset this time clock back to when I and the other families affected by this tragedy actually and physically receive the full police reports and its conclusion so we have adequate time to reflect and review the report of our loved ones murder. Let me ask you this question is it fair to take away out rights to legal recourse before the investigation reports have been finalized? My answer to this is NO! How can my family be expected to pursue any legal recourse with out the actual report in hand? Please listen to the families and victims interest and not the cities when it comes to this. The other session a certain Delegate asked the question how was this considered an emergency request? I say to you this is an emergency request, with all of the delays on theis investigation the city of Virginia Beach has left us less than 6 months to legally respond to the letter of intent I filed. I need the final report and time for me to analyze what has been presented to me. I am not being afforded that appropriate time in the current restrictions. I implore you to do the right thing not just for me and my family but also the other families that lost their Mothers, Fathers, Sons,and Daughters that horrendous day. Thank you for taking the time to read and review my request on the behalf of Kate Nixon and her daughters.

Delegates, Although I spoke during the subcommittee last week, I would like to reemphasize the importance of HB 2073. Families of May 31st mass shooting victims have been treated without respect and unfairly since the May 31st murders. We deserve the opportunity to justice. Virginia Beach has taken advantage of the COVID pandemic and not allowing families ANY information to move towards any form of justice. They bought time with the Heintze team, their own police investigation and COVID enabled more time to run out for Statute of Limitations. Please consider this Bill for amendment to give families the opportunity of time we and all victims' families are entitled to. Families have been pushed aside and victimized for the city of Virginia Beach's best interests. Families would just like to have our given right to justice. It's been an emotional rollercoaster. Day after day. Calling the city for information, transferred from one person to another. Spoken to us rudely as if we are nonessential to them, the city. We have been lied to and avoided. Prevarication is what Virginia Beach is using towards families Sincerely, Debbie Langer Borato

Madam Chairman and Members of the Committee, Our justice system is broken. The Thirteenth Amendment to our Constitution not only abolished slavery and indentured servitude, but created a different kind of evil when it allowed this inhumane treatment as punishment for a crime that a person has been duly convicted. History has shown us that the same people who owned slaves and indentured servants were allowed to become lawmakers and the mentality of these lawmakers were to keep slavery and indentured servitude alive. Their intent, which has survived for over 400 years, was to keep former slaves, people of color, and poor whites bound with invisible chains. Chains that would prevent them from becoming a living, breathing, acceptable part of society. Chains that have extended to their descendants. This has been shown by the continued mass incarceration of the poor because of laws that have been and are continually enacted for the purpose of preventing then from obtaining (1) freedom, (2) a good reputation, (3) a good education, (4) a good job, (5) the right to vote, (6) good housing, (7) hope, etc. We must break this bondage immediately. It is not right. Expungement should automatically occur upon their release. They have served their time. Some have been falsely accused and convicted. Some have been excessively jailed because their crime was being to poor to pay court fines and penalties. Some have been convicted because they were addicted to drugs, instead of being sent to treatment that they need. Some have suffered sexual or physical abuse in their life. Some suffer from mental illness. An eight year waiting period not only keeps them, but their families bound.

The League of Women Voters of Virginia supports HB 2113. The League believes that no person or group should suffer legal, economic, or administrative discrimination, and we support social and economic justice. Expungement is essential to ensuring that our system of government provides justice to the people that provides an opportunity for a dignified path forward. Given the disproportionate incarceration of minority group members in the Commonwealth, failure to provide for expungement has a disproportionate impact on Black and brown voters who have historically suffered discrimination in Virginia. We support this bill.

I'm writing to urge your support for HB 2113, which seeks to establish a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed.​ Passage of this legislation will make it so hundreds of thousands of minor offenders are no longer stigmatized and disenfranchised by the collateral consequences of an arrest record for an incident that is no longer a crime. Virginians do not deserve for the rest of their life to be derailed because of an erroneous marijuana conviction that would not have been prosecuted today. Please support the passage of HB 2113.

I'm writing to urge your support for HB 2113, which seeks to establish a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed.​ Passage of this legislation will make it so hundreds of thousands of minor offenders are no longer stigmatized and disenfranchised by the collateral consequences of an arrest record for an incident that is no longer a crime. Virginians do not deserve for the rest of their life to be derailed because of an erroneous marijuana conviction that would not have been prosecuted today. This is an equity issue and needs to be addressed. Thank you. Please support the passage of SB 1372 and HB 2113.

Automatic expungement is an accessibility issue. It shifts the burden away from the individual and ensures that all who qualify can have their records cleared, regardless of income or access to an attorney. Between filing costs and legal fees, clearing one's record can cost hundreds or even thousands of dollars, depending on the jurisdiction. This is also important with reentering society. This can be a large hinderance in moving forward in life. For example, 9-10 employers use background checks, 4-5 landlords and 2-3 colleges/universities, all use background checks. These are all examples of basic needs folks need to reestablish themselves in society.

I am writing to urge you to support the passing of House Bill 2113. HB2113 establishes a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been dismissed. Legislation such as this will prove to be overwhelmingly beneficial for those who have been wrongly convicted. I, along with the Virginia State Conference NAACP and Virginia Organizing, believe that there should be no additional barriers to obtaining automatic expungement once an individual qualifies: no court fees, no attorney fees, no hearings. Automatic expungement should be just that, automatic. Historically, Black and Brown communities make up a disproportionate amount of convictions and have been subject to mass incarceration by laws and enforcement that has been deeply rooted in systematic racism. Automatic expungement is a necessary step Virginia must take if it wishes to correct its discriminatory past. If an individual is wrongly convicted of a crime, it is the duty of the state to correct its mistake, which is why I’m joining the Virginia State Conference NAACP and Virginia Organizing in asking you to support this essential piece of legislation. Thank you for considering my views.

Please support this reasonable bill that establishes a fair process for expunging records of people whose offenses were dismissed. This bill will have a large economic benefit for people trying to access good employment, housing, credit: and the opportunities they gain, to rebuild their lives, will economically benefit society as a whole.

VSC NAACP support HB 2113 and 2147

I am writing to urge you to support the passing of House Bill 2113 during the Courts of Justice Committee meeting on Wednesday, January 27, 2021. HB2113 establishes a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been dismissed. Legislation such as this will prove to be overwhelmingly beneficial for those who have been wrongly convicted. I, along with the Virginia State Conference NAACP, believe that there should be no additional barriers to obtaining automatic expungement once an individual qualifies: no court fees, no attorney fees, no hearings. Automatic expungement should be just that, automatic. Historically, Black and Brown communities make up a disproportionate amount of convictions and have been subject to mass incarceration by laws and enforcement that has been deeply rooted in systematic racism. Automatic expungement is a necessary step Virginia must take if it wishes to correct its discriminatory past. If an individual is wrongly convicted of a crime, it is the duty of the state to correct its mistake, which is why I’m joining the Virginia State Conference NAACP in asking you to support this essential piece of legislation. Thank you for considering my views.

There should be no additional barriers to obtaining automatic expungement once an individual qualifies: no court fees, no attorney fees, no hearings. Automatic expungement should be just that, automatic. Historically, Black and Brown communities make up a disproportionate amount of convictions and have been subject to mass incarceration by laws and enforcement that has been deeply rooted in systematic racism. Automatic expungement is a necessary step Virginia must take if it wishes to correct its discriminatory past. If an individual is wrongly convicted of a crime, it is the duty of the state to correct its mistake.

We are in support of the Bill HB2113 for automatic expungement of criminal records for those who have been wrongfully convicted because the the human thing to do and the responsibility of the state to correct it.

I support this bill because there should be no additional barriers to obtaining automatic expungement once an individual qualifies: no court fees, no attorney fees, no hearings. Automatic expungement should be just that, automatic. Historically, Black and Brown communities make up a disproportionate amount of convictions and have been subject to mass incarceration by laws and enforcement that has been deeply rooted in systematic racism. Automatic expungement is a necessary step Virginia must take if it wishes to correct its discriminatory past. If an individual is wrongly convicted of a crime, it is the duty of the state to correct its mistake.

For a person charged with an offense of 18.2-250, which is no longer class 1 misdemeanor, and the offense was dismissed, the automatic expungement should not carry an 8 year long wait period along with other offenses that are still a crime. A person who has gone through over 2,000.00 in fines, court costs, ASAP fees, probation, attorney fees, and 74 hours of community service as an 18 year old college freshman who made one bad decision just a few months before this act was decriminalized, with no automobile and limited resources, should not be also continue to be penalized by having diminished employment opportunities exactly at the outset of their young professional career upon graduation from college, especially for an act that is now considered to no longer be a crime. 8 years is a long time to continue to be punished for something that is no longer a crime, and which was also dismissed in this case. Expungement, and in this case, also Record Destruction should be executed immediately. There is no reason an 8 year wait should occur for this young person or in cases such as these who had a case dismissed for an act that is no longer a crime. Any records such as fingerprints should not be able to be kept in the Central Criminal Records Exchange, NCIC, or VCIN for this act, which was dismissed, and is not a crime. The records should be destroyed pursuant to 19.2-76.1.

Hello, I am writing in support of legislation to pave the way for expungement reform. In 2013 I was charged and subsequently convicted of Grand Larceny at 18 years old when the threshold amount was still $200. I was caught with $242 worth of goods from a local Wal-Mart along with someone who I now realize was sabotaging my life, & had the theft been properly divided, it would have only been simple larceny. Representatives are now pushing bills to raise the threshold to $2000, and it has already been raised previously. In the year 2021, I am now a thriving student of Danville Community College's Precision Machining program with a 3.8 GPA, a member of the Technical Honor Society, and I have been placed on the president's honor list multiple times. I am also a graduate of the Industrial Technician certificate program in 2014, after my conviction, which led to me obtaining employment at Danville IKEA, where I was prestigious in my employment and eventually became a critical component in the quality department with plenty of references. Since the conviction, I have had zero criminal offenses, and have no intention of ever committing a crime again, even to the degree of traffic infractions, I am very respectful of the law. In addition, I have also petitioned and successfully had my civil rights restored, followed by my firearms rights. I also have a conceal carry permit, which is a prestigious right in itself that displays respect for the law. I now volunteer heavily, picking up trash at local parks, and I consider myself a political moderate/independent. I see the criminal justice system can work, but I also see that it needs tweaking in our Commonwealth. I am asking that you support any bills which will assist in the expungement of my record, and please voice my concerns & if needed even share this email with legislators. I feel it is imperative to society that we allow people such as myself who have paid reparations ten-fold, to be fully accepted back into society via employeement that requires background checks. Thank you, god bless

Good afternoon elected officials, When I was eighteen years old I was convicted of credit card theft and forgery, not knowing it was a felony, my mother and I agreed to a plea deal that would alter my life for three decades. I am currently 50 years old, I have NO other convictions however I am unable to apply for certain jobs, pursue certain opportunities regardless of how hard I've worked to turn my life around. I have two bachelors, a master's degree, and recently earned my doctorate degree only to realize because of the felony I received when I was eighteen, my degrees don't matter. I am still a convicted felon, who has to struggle to feed his family. It is my sincere prayer that the senators would agree to automatically expunge felony records and send the bill to the governor so I and others like me can be outstanding citizens, providers to their families and examples to others who may have made a foolish mistake as a kid.

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.

Delegate Guzman's bill, House Bill 2139, does not create liability for the manufacturer of any dangerously defective product that causes latent injuries such as cancer. But it does provide Virginia citizens with the opportunity to present a claim and to have their day in court. In Locke v. Johns-Manville Corp. (1981), the Virginia Supreme Court held that the statute of limitations for a claim of negligently induced cancer like mesothelioma begins to run as soon as any injury regardless of how slight, exists in the body. The court acknowledged that this time could be many decades prior to the diagnosis of the disease. Locke was corrected by the General Assembly in 1985 as to asbestos disease claims by defining the accrual date for asbestos cancers like mesothelioma, as the date on which the diagnosis of the disease is first communicated to the injured person. Litigation for cancer and death from latent diseases was in its infancy in the 1980s. Today, this litigation for latent disease claims is commonplace in nearly every state except Virginia because Virginia's statute of limitations for latent diseases accrues at the time when injury occurs at a cellular level, a subclinical level prior to the time of any symptoms, and long before a diagnosis can be made. This is not true in other states because the overwhelming majority have discovery rules to determine the accrual of a product liability cause of action. Virginia's unfair accrual rule creates a windfall for negligent manufacturers of dangerously defective products and a tragedy for Virginia cancer victims who lives are ruined or lost without the benefit of any legal remedy. HB 2319 corrects this longstanding inequity. I appreciate your time and thank you for your support of this bill. Sincerely, Robert R. Hatten, Esq. Patten, Wornom, Hatten & Diamonstein, L.C.

Chairman Bourne, and this Honorable Committee, I am writing to ask for your support of HB 2139, which amends Va. Code § 8.01-249, relating to the the accrual of cause of action for latent diseases. Since Locke v. Johns-Manville, 221 Va. 951 (1981), Virginians who have latent diseases caused by toxic substances and products have been held to the first injury rule of Locke. This means that the statute of limitations may run long before an individual knows that he or she has a latent disease, before it manifests any symptoms, and before a doctor has diagnosed an individual with such a disease. For example, one of my clients, is a wife and mother who used talcum powder products for decades but was not diagnosed with ovarian cancer until 2019 may be time barred from bring a claim because she stopped using talc products in 2011. Although her diagnosis of ovarian wasn't until 8 years later, her statute of limitations likely ran in 2013. There are many in the Commonwealth impacted by this unfair and unjust rule. The majority of other states have a discovery rule for latent disease claims, just as 8.01-249 already carves out for asbestos disease claims and for medical device implants in subdivisions 4, 7 and 9. The Fourth Circuit Court of Appeals recently highlighted the inequity of current Virginia law in a claim of a coal miner for black lung disease, whose claim was dismissed under this harsh rule. In Adams v. American Optical Corp., 979 F.3d 248 (2020), the court found that current Virginia law essentially operates as a get out of jail free card that prohibits those with latent or creeping diseases from getting their day in court. HB 2139 simply creates a specific fixed period of time for an individual to bring a latent disease claim, once a diagnosis of such a disease has been communicated to the individual. Individuals who bring such claims still must prove their cases - this simply allows them in the courthouse doors to bring an action within a fixed period of time. The current inequity of Virginia law needs to be fixed, and I hope that this Committee will support Delegate Guzman's bill. I appreciate your time and attention, and if permitted, am also available via Zoom to speak on this issue. Sincerely, Erin E. Jewell, Esq. Patten, Wornom, Hatten & Diamonstein, L.C. 12350 Jefferson Avenue, Suite 300 Newport News, VA 23602

VSC NAACP support HB 2113 and 2147

Madam Chairman and Members of the Committee, I support HB2190. Thank you.

We need a way to stop this online predators in our community.

I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.

We need a way to stop this online predators in our community.

I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.

I absolutely support this legislation. I’m the one who brought the issue to the Delegate for possible action. About a year ago, I posted on my local real estate professionals Facebook group about a local contractor I barely knew having texted me a gross unsolicited photo of male anatomy and my frustration that it seemed I had no recourse for addressing it. I was not at all surprised to discover, from the comments and from private messages, that many other women in that group had dealt with the same behavior, and far worse, from this man and from many others, just as I had over the years. To my frustration, when I tried to file charges against the man I posted about, I kept hitting dead ends, with law enforcement and magistrates office officials telling me their hands were tied. As a woman, unfortunately, receipt of such unsolicited material via text messages, Facebook messages, etc is not uncommon. In my opinion, such behavior is an act of aggression that must be met with an ability for the victim to impose legal consequences. Thanks for taking this issue seriously and letting me share my experience.

H.B.1801--increasing the fine so substantially will place unmanageable burdens on the poor and struggling population. Community service (picking up litter) is a much better solution to the problem and individuals can perform it where transportation is not a burden. H.B. 2047 - the entire circumstances surrounding a crime need to be investigated - some may call for mental health assistance vs. incarceration. There must be discretion used. H.B. 2258 - another bureaucratic nightmare? another registry? Are they really effective? Studies would indicate they are not. H.B. 2303 - the disparate impact of current drug laws among communities of color needs to change. This has led to an severe mass incarceration problem. We have got to redirect our efforts as a society to rehabilitating and assisting unacceptable behaviors versus thinking additional laws (and subsequently incarceration) are the answer. Empirical studies have shown this to be a very ineffective way of deterring criminal behavior, all the while destroying families and perpetuating the problem. It's time for a paradigm shift.

Students for Equity and Reform for Virginia is made up of University of Virginia students from across the state who would like to voice our support for this bill. Absence of pretrial services leads to outcomes that favor prosecution, not the people. As our state representatives, you have the imperative to make sure the law is applied fairly and protects the people you serve. For too long, Virginia has enforced policies that disproportionately impact people of color and poorer communities by not giving them a fair chance to defend themselves in court.

The American Bar Association states that in order to have a meaningful first appearance in court, a judge, commonwealth representative, counsel for the defendant, and pretrial services must be included. Without legal counsel, defendants often end up having to plead their own case for why they shouldn’t be jailed pre-trial. Without pretrial services, no investigation is put into evaluating the price at which bond should be set, and no investigation into how much of a risk the defendant is to the community is made. Absence of pretrial services leads to outcomes that favor prosecution, not the people. As our state representatives, you have the imperative to make sure the law is applied fairly and protects the people you serve. For too long, Virginia has enforced policies that disproportionately impact people of color and poorer communities by not giving them a fair chance to defend themselves in court. Voting in favor of this bill would mean those who don’t have the means and privilege to adequately defend themselves would no longer slip through the cracks of the court system. By enacting a more comprehensive system of pretrial services, you will ensure defendants get a fair chance to speak with affordable counsel before arraignment. In the spirit of equity and fairness, we ask that you vote in favor of HB 2286, so every defendant who enters a courtroom may have a meaningful first appearance in front of their judge. -Students for Equity and Reform in Virginia (SERV) Tessa Danehy, President Hayden Ratliff, Dhruv Rungta, Kristin O’Donoghue, Alexandra Hartman, Patrick Cloud, Madeleine Green, Cole Davidson, Austin McNichols, Priya Viswanathan, Ciara Tisdale-Vakos, Theresa Ho, Neha Krishnakumar, Hayes Miller, Gabby Jefferson, Sona Kalatardi, Jack Melman-Rogers, Stella Banino

Virginia has the power and momentum to fix disparities in the criminal justice system and provide better support to communities. These bills will go a long way in addressing those and I encourage all to support them. HB 2038: Probation was originally intended to help people successfully transition from incarceration to the community, but has often served as a no-win situation that ensures their failure and return to prison. 51% of VA prison admissions were a result of parole or probation violations in 2016. 51%! Probation should be about helping people, not an excuse to further punish people trying to right their lives. Let’s get supervision conditions tailored to the individual and incentivize positive behavior and completion of recidivism-reducing programs. HB 2047: Leaning on the Stamper v. Commonwealth reasoning completely disrespects mentally ill Virginians and ignores everything we have learned in the 35 years since. Further, it violates an accused’s Constitutional right to a full-throated defense. Let’s enable juries to consider all the facts, including where mental health is relevant by supporting HB 2047. HB 2286: In Virginia, our pretrial system leads to people, especially poor people, being held unnecessarily for days before they can be released simply because they are not appointed a lawyer in a timely manner. By allowing/ensuring that individuals have an attorney when they first appear in front of a judge, bail can be considered immediately, in turn reducing additional and unnecessary time that a person - who has not been convicted - is being held in jail. That way people who aren’t a flight risk or a risk to themselves or others can return to their homes, reducing the overall negative impact on their lives. Pretrial detention costs the Commonwealth more money, and leads to 4x greater likelihood of being sentenced to jail, 3x longer jail sentences as well as 3x greater likelihood of being sentenced to prison, 2x longer prison sentences, and overall worse life outcomes. (NLADA, USAPP) Thank you very much for your consideration of these bills.

Virginia Retail Federation opposes HB 2290. Virginia Retail Federation represents retail both large and small across the Commonwealth. As you are aware, over the last few years the threshold for felony larceny has been raised twice, and is now at $1000. Our concern with HB 2290 is with regard to habitual offenders and organized retail crime. We have concern that by repealing punishment for conviction of second or subsequent misdemeanor for larceny offences, that it may impede a retailer’s ability to go after those that are wrapped up in organized retail crime ring. It is for these reasons that we ask you to vote no on HB2290.

My name is Eugene Oliver and I am President of the Virginia Association of Criminal Defense Lawyers. I was unable to sign up to speak for the evening session today, but wanted to express our support for the following bills and a brief reasoning as to why: HB 1936 - The Robbery statute as it is now is overly broad and could lead to life sentences for any amount of force combined with a larceny. By establishing degrees of robbery, this bill will lead to more equitable results and that the punishment received more accurately reflects the severity of the offense. HB 2038 - We believe it is important that individuals are not needlessly locked up on technical violations. We wholeheartedly support this bill as a fairer and more equitable way of handling probation violations and issues surrounding the suspension of sentences. HB 2047 - The current law is extremely restrictive as to when information about mental health can be introduced. By allowing mental health evidence when it goes to guilt or innocence or when it would otherwise be relevant as to a defendant's mental state. HB 2290 - In eliminating subsequent enhanced penalties on misdemeanor larcenies, this bill fixes an often seen unjust result where an individual picks up a jail sentence or a felony conviction for a de minimis theft or other larceny. By repealing 18.2-104 and eliminating mandatory minimum sentences or the possibility of a felony conviction, we would be allowing discretion to return in how courts treat these charges and avoiding excessive punishments for thefts that are deemed as non-felonious in their value. Thank you in advance for your consideration of our position on these bills and we ask that you support these bills and report them out of committee.