VIRGINIA BEACH, Va. — On Thursday, a bill abolishing suicide as a "common-law crime" passed the Virginia House of Delegates on a bipartisan vote, which supporters say de-stigmatizes the issue as well as clearing up possible tax complications for certain Virginia families.
The bill introduced by Fairfax Del. Marcus Simon is also chief co-patroned by Virginia Beach Del. Michael Feggans, which received 11 votes from House Republicans.
Delegate Carrie Coyner (R) spoke on the House floor in support:
"Anyone who thinks deterring someone from committing suicide by calling it a crime has not lived with someone who has mental health illness," she said. "You don't pause to think it's if it's crime, but it leaves those family members behind to wrestle with how the stigma is attached to it."
"Suicide is currently a common-law crime in Virginia, although there is no statutorily prescribed punishment," the bill's language reads.
Tax implications for certain families
Phillip Kellam, Virginia Beach's Commissioner of Revenue, told 13News Now this update goes beyond a technical code change.
“When the General Assembly passed the opportunity for localities to cut or reduce locality taxes for Gold Star families, I don’t think they thought suicide would be an issue," Kellam said.
In 2022, lawmakers approved a bill that allowed localities to decide whether they can alter tax rates for families of service members who died "in the line of duty":
Provides that beginning with taxable year 2022, any locality may declare real property owned by a surviving spouse of a member of the Armed Forces of the United States who died in the line of duty with a line of duty determination from the U.S. Department of Defense, where such death was not the result of criminal conduct, and where the spouse occupies the real property as his principal place of residence and does not remarry, a separate class of property for local taxation of real property that may be taxed at a different rate than that imposed on the general class of real property, provided that the rate of tax is greater than zero and does not exceed the rate of tax on the general class of real property.
By including the line that reads, "where such death was not the result of criminal conduct," Kellam said it creates a conflict with Virginia's code that classifies suicide as a common-law crime. Certain military families may be missing out on the tax reductions because of the way the code is written.
“You've got Virginia law that says, 'not by criminal act' and Virginia law that says suicide is a criminal act," he added.
Of the 22 tax applications related to the 2022 bill passage, Kellam said there are six that are currently hung up because of the conflicting language, and hopes the bill's passage through the House remedies the issue.
The national suicide and crisis lifeline is available by calling or texting 988. There is also an online chat at 988lifeline.org