New bill offers witnesses anonymity in cases of violent crime
SB640 has passed General Assembly, expected to become law
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A major Virginia public safety bill has passed the General Assembly and is soon expected to be signed into law by Gov. Terry McAuliffe (D).
Senate Bill 640, sponsored by Virginia Sen. Janet D. Howell (D-Dist. 32) will make witnesses of drug-related crimes and violent felonies eligible for extended protections, including the ability to keep identifying and contact information confidential during court proceedings.
According to the office of Attorney General Mark R. Herring, the Attorney General’s Division of Public Safety and Enforcement drafted the bill and brought it to the General Assembly based on feedback from many Commonwealth’s Attorneys who said they have had difficulty getting witnesses to testify due to fear of reprisals.
“Witness testimony is often a key to getting dangerous criminals off the streets and behind bars, and those who provide testimony should be able to do so without fearing for their safety or their family’s safety,” said Herring in a prepared statement. “This is an important bill that will give more Virginians the protections they may need to feel comfortable testifying against a gang member, drug dealer, or violent felon. I appreciate Senator Howell’s patronage of the bill and the Commonwealth’s Attorneys who brought this issue to the attention of my office and helped us find a good solution.”
According to Howell, the bill represents 20 years of efforts on her part to enact more protections for witnesses who come forward to testify against violent crimes.
“When I first came into office two decades ago in the early 1990s, witness reprisals in gang-related crimes were an issue, and I helped to support some protective laws for witnesses in those situations.”
Virginia law currently allows witnesses of gang-related crimes to request that the criminal justice system keep confidential their address, telephone number, or place of employment of the witness or a member of their family.
SB 640 would extend those protections to witnesses of crimes including the manufacture, sale, or distribution of drugs and violent felonies such as homicide, assault, or sexual assault.
The bill does not limit the right of a defendant or the government to examine witnesses in a court of law.
“Lawyers can still share witness information but it would not be made public,” Howell said.
According to Herring’s office, the bill was supported by a broad coalition of public safety advocates including the Fraternal Order of Police, the Chiefs of Police Association, the Virginia Sexual and Domestic Violence Action Alliance and the Virginia Association of Commonwealth’s Attorneys.
“The Virginia Association of Commonwealth’s Attorneys urges the enactment of SB 640, which would extend privacy protections to the victims and witnesses of violent felonies,” said Mike Doucette, past president and legislative chairman for the Virginia Association of Commonwealth’s Attorneys. “Virginia law already offers these protections to the victims and witnesses of criminal street gang violence; it only makes sense to protect these people in all crimes of violence.”
Several other public safety bills that were drafted or introduced by the Attorney General’s office have also passed the General Assembly, including measures to crack down on synthetic drugs, protect the addresses of stalking victims, make 911 calls easier to use in court proceedings, and a bill that would phase out “fox penning.”