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DELEGATE FORM LETTER, Have access to Microsoft Word then, Please click here to download form letter (NEED MICROSOFT WORD)
SEND OFF OUR FORM LETTER IN UNDER 5 MINUTES AND HELP THOSE WITH FELONY ROBBERY IN THE STATE OF VIRGINIA
· COPY/PASTE BELOW LETTER: Copy the letter below and paste into the body of your email. Then simply edit the date and add name/personal information.
· COPY/PASTE DELEGATE EMAILS: Simply highlight the above emails and paste into the ‘To:’ line of your email.
· SEND: and help make a difference!
FORM LETTER TO COPY INTO BODY OF YOUR EMAIL:
(DATE)
The Honorable
Betsy B. Carr, 69th District
Charniele L. Herring, 46th District
Don L. Scott, 80th District
Jeffrey M. Bourne, 71st District
Kerrie K. Delaney, 67th District
Marcus B. Simon, 53rd District
Mark H. Levine, 45th District
Mark L. Keam, 35th District
Michael P. Mullin, 93rd District
Nancy D. Guy, 83rd District
Patrick A Hope, 47th District
Richard C. (Rip) Sullivan Jr., 48th District
Stephen E. Heretick, 79th District
Vivian E. Watts, 39th District
Virginia House of Delegates
General Assembly
1000 Bank Street
Richmond, VA 23219.
Via Email
RE: RE: Amend Code of Virginia § 18.2-58 to assign individual section codes to the newly defined Classesof felony robbery being 3, 5, and 6; with the intent and purpose to be implemented retroactively,through petition to the court; including attached draft legislation.
Dear Delegates,
I am writing with the sincere hope that you will be able to assist our family, and other families throughout the State of Virginia who too have found themselves placed into a set of similar circumstances. My loved one is currently incarcerated for Robbery in the state of Virginia. As I'm sure you're well aware, during the last General Assembly Robbery as defined by Code of Virginia Section 18.2-58 was separated into different classes of felonies corresponding to the severity of the Robbery offense.
we appeal to you, to champion a bill that would amend the legislation as currently written, so as to assign individual section codes to the new classes of felony robbery that were recently passed into law. Doing so still upholds the decisions of those who wanted violent offences, being those resulting in serious bodily injury or unlawful bodily injury removed from the list of those eligible to earn towards sentence reduction; and places the burden of proof on those currently serving time for felony robbery convictions. If passed into law our proposed amendment would see persons previously found guilty of robbery, due to reclassification under a new section code, consequentially become eligible for earned sentence credits; as their convicted offence now falling under a new section code would no longer be included on the original list of exclusions.
To reiterate this is not an amendment to the Goodtime Bill, and does not act contrary to the concerns and decisions of legislators who worked tirelessly together to bring that piece of legislation into effect, nor does it hinder any proposed legislation pertaining to felony robbery; rather it only assigns individual section codes to the newly formed sections of robbery that were passed into law on January 21, 2021.
Reclassification of previously unclassified felony robbery convictions awards further opportunity to incarcerated individuals which far surpasses one’s ability to earn sentencing credits, for which we feel it prudent and necessary to reiterate that in order to qualify to earn at the increased rate one must adhere to a stringent set of policy or they are unable to work towards their sentence reduction, but also opens up further opportunities for acceptance into institutionalized programs, eligibility for work center, acquiring work release or to assist in finding and maintaining gainful employment upon release. Without allowing a retroactive process to take place where individuals can apply for reclassifications under the new classes of felony robbery, we are actively continuing an ongoing bias against those persons who have effectively completed or are currently fulfilling the requirements of their court mandated sentences.
We hope that you too see the urgency for continued justice reform in the State of Virginia, and elect to champion this cause by sponsoring this bill amendment. Justice is supposed to be reformative, let us work together to make it so.
Sincerely,
(NAME)
(ADRESS LINE 1)
(ADDRESS LINE 2)
(EMAIL ADDRESS)
ATTACHMENT
ATTACHMENT 1 - DRAFT AMENDMENT BILL
A BILL to amend and reenact §18.2-58 of the Code of Virginia, relating to class level 2 robbery; penalties, and to amend the Code of Virginia by adding sections, numbered §18.2-58.2, §18.2-58.3 and §18.2-58.4, relating to class level 3 , class level 5 and class level 6 robberies respectively: penalties.
Be it enacted by the General Assembly of Virginia:
1. That §18.2-58 of the Code of Virginia is amended and reenacted as follows:
§18.2-58. Robbery with serious bodily harm; penalties.
A. For the purposes of this section, "serious bodily injury" means the same as that term as defined in §18.2-51.4.
B. Any person who commits robbery and causes serious bodily injury to or the death of any other person by partial strangulation, or suffocation, or by striking, or beating, or by other violence to the person, is guilty of a class 2 felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
§18.2-58.2. Robbery with display of firearm; penalties.
A. For the purpose of this section:
"Firearm" means the same as that term as defined in §18.2-282.
"Serious bodily injury" means the same as that term as defined in §18.2-51.4.
“Unlawful bodily injury: means the same as that term as defined in §18.2-51.
B. Any person who commits robbery by pointing, holding, or brandishing a firearm in such a manner as to reasonably induce fear in the mind of another without causing serious bodily injury or unlawful bodily injury is guilty of a class 3 felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
§18.2-58.3. Robbery with force or displaying a weapon other than a firearm; penalties.
A. For the purposes of this section, "serious bodily injury" means the same as that term as defined in §18.2-51.4.
B. Any person who commits robbery by using physical force not resulting in serious bodily injury, or by using or displaying a deadly weapon other than a firearm in a threating manner, is guilty of a class 5 felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
§18.2-58.4. Robbery by threat or intimidation; penalties.
A. Any person who commits robbery by threat or intimidation, or by any other means not involving a deadly weapon, is guilty of a class 6 felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
2. That the provisions of §18.2-58.2, §18.2-58.3, and §18.2-58.4 of the Code of Virginia, as amended by this act, shall apply retroactively for one year following the enactment date to allow any person who is confined in a state correctional facility for robbery so as to have their conviction reclassified to one of the newly enacted sections for felony robbery under the Code of Virginia. In order to have the provisions of this act apply retroactively, the person confined or a representative thereof must petition the court to reclassify their currently unclassified felony robbery conviction into one of the newly appointed Code of Virginia sections. Furthermore, the petitioner maintains the burden of proof and must include in their petition to the court their trial transcripts, presentencing report and/or some other means to verify that they meet the criteria specified in §18.2-58.2, §18.2-58.3, and §18.2- 58.4. Once proven, the court MUST reclassify the petitioner's robbery conviction to a class 3, 5 or 6 felony and appoint a new Code of Virginia section code. The court will submit these changes of the petitioner's criminal records within 30 days of entry to the State Police, Department of Corrections and all other relevant state agencies.
WHY ARE WE CONTACTING LEGISLATORS?
At the 2020 Special Assembly the Good Time Bill was passed, which excluded all those with felony robbery convictions from being eligible to benefit. When Robbery was excluded, it was mainly due to an inability on the behalf of legislators to see past the robbery felony charges which encompassed murder or serious bodily harm. However, following in January 21, 2021 Robbery as classified under code section 18.2-58 was broken down into four individual class felonies ranging from a class 2 felony, being the most severe, to a class 6. We have begun to advocate to House Delegates for the amendment of current legislation to afford individual Section Codes as it relates to the newly implemented Class 3, 5, and 6 felony Robbery offenses.
This would mean that if brought to the floor and passed, all those will Class 3, 5 and 6 robbery felony convictions would be made eligible under the stipulations of the Good Time Bill and would be able to earn credit retroactively towards sentence reduction, as they would no longer be classified under the lengthy list of exclusions.
To reiterate this is not an amendment to the Goodtime Bill, and does not act contrary to the concerns and decisions of legislators who worked tirelessly together to bring that piece of legislation into effect, rather it only assigns new and individual section codes to the newly formed sections of robbery that were passed into law on January 21, 2021.
We have been in contact with Delegate Simonds, who has expressed support by not only agreeing with the proposed legislation but also committing to a ‘Yes’ vote should an amendment bill find its way to the House Floor. Under her guidance we have sent letters to both Delegate Charniele L. Herring and Delegate Michael P. Mullin, with the addition of Delegate Don L. Scott, Delegate Betsy B. Carr and Delegate Kaye Kory who were the Chief-Patron and Chief Co-Patrons of the Good Time Bill. We also received correspondence from Delegate Sickles who directed our focus to the Virginia Courts of Justice Committee.
We urge you, your friends and your family to write to these delegates and request that they champion a bill to assign individual section codes to Class 3, 5 and 6 robbery felony convictions. We believe the Good Time Bill should be all inclusive, and this amendment has the ability to clear the way for further amendments and inclusions over time. Help us fight for Justice Reform within the State of Virginia.
As we wanted this to be a quick and easy process, we opted for the generic mailing address so as to enable it to be emailed in one expedited mail out, as we recognize that not everyone has the time to formally pen and address formal letters to each individual delegate. However, should you wish to formally write each delegate individually, or snail mail the delegates please note that the address on the form letter is not the correct mailing address for individual delegates. To obtain Delegate mailing addresses please click here.
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