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Virginia Gov. Abigail Spanberger approved legislation Monday night abolishing suicide’s centuries-old status as a common-law crime in the commonwealth.

The decision carries particular meaning for Jennifer Clardy Chalmers and Steve Mittendorff, whose sister and wife, Fairfax County firefighter Nicole Mittendorff, died by suicide nearly 10 years ago.

“This week marks 10 years since we realized that Nicole was missing, when she didn’t show up for work,” Chalmers said. “A week later, we found her in Shenandoah National Park.”

Mittendorff’s body was found in the park on April 21, 2016, following an intensive search. She had last been heard from eight days earlier.

“It’s hard to believe it’s been 10 years,” Steve Mittendorff said. “Time’s deceptive, and in some regard, it feels like it was yesterday, and in other ways, it feels like a lifetime ago.”

Chalmers and Mittendorff welcomed Spanberger’s approval of the legislation, which eliminates the common-law offense even though Virginia had no punishment prescribed by statute.

“Suicide will no longer be a criminal act in Virginia,” Chalmers said, adding that the change will take effect in July of next year.

The bill also directs the State Corporation Commission’s Bureau of Insurance to examine how abolishing the offense could affect insurance across Virginia. The bureau must submit its findings and any recommendations by Nov. 1, 2026, to the chairs of the House and Senate Courts of Justice committees.

Years of unsuccessful efforts

Chalmers noted that England decriminalized suicide in 1961, leaving Virginia decades behind that change. Earlier attempts to repeal the common-law offense in the state repeatedly failed.

Mittendorff began visiting the General Assembly and testifying before subcommittees in 2018. He later continued advocating virtually as lawmakers introduced additional bills.

“There were some years we would get extremely close, and get excited, only for it to later fall on deaf ears,” he said.

Chalmers said people called her sister a criminal after her death and accused her of violating both religious and civil law. Although there was no practical penalty for someone who died, Chalmers said the possibility of consequences for a person who survived an attempt remained troubling.

Mittendorff said society has increasingly recognized that someone attempting suicide is experiencing a mental health crisis and needs assistance, not prosecution.

For Chalmers, ending the offense removes an additional burden from the grief of losing her sister. Mittendorff called the law a victory for everyone affected by the suicide of a loved one.

Honoring Nicole through search-and-rescue support

A decade after Mittendorff’s death, her family continues to recognize parts of her in people they encounter—especially Chalmers’ daughter, who was 16 months old when her aunt died.

Although the girl does not remember Mittendorff, Steve and Chalmers said they notice striking similarities as she grows older.

Chalmers’ parents also recently finalized the Grateful Appreciation Fund through the Shenandoah National Park Trust. Created to thank those who helped search for Mittendorff, the fund supports search-and-rescue teams working in the park.

“We’re very grateful that we were able to find her; we have that that a lot of people don’t have,” Chalmers said.

The fund offers immediate, flexible support for needs ranging from lifesaving equipment to small backcountry essentials that can help prevent emergencies.