SB1487: Public officers; automatic suspension upon conviction of felony.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 24.2-236 of the Code of Virginia, relating to officers; automatic suspension upon conviction of felony.
[S 1487]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That § 24.2-236 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-236. Suspension from office pending hearing and appeal.

In the event of a judicial proceeding under §§ 24.2-231, 24.2-232, 24.2-233, or 24.2-234, the circuit court may enter an order suspending the officer pending the hearing. Any officer convicted of a felony under the laws of any state or the United States shall be automatically suspended upon such conviction, regardless of any appeals, pleadings, delays, or motions. The court may, in its discretion, continue the suspension until the matter is finally disposed of in the Supreme Court or otherwise. During the suspension the court may appoint some suitable person to act in the officer's place. The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town, or State Treasurer who paid it.

2. That an emergency exists and this act is in force from its passage.

SENATE BILL NO. 1487

Offered January 17, 2017
A BILL to amend and reenact § 24.2-236 of the Code of Virginia, relating to constitutional officers; automatic suspension upon conviction of felony.
Patron-- Lewis

Referred to Committee on Privileges and Elections

Be it enacted by the General Assembly of Virginia:

1. That § 24.2-236 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-236. Suspension from office pending hearing and appeal.

In the event of a judicial proceeding under §§ 24.2-231, 24.2-232, 24.2-233, or 24.2-234, the circuit court may enter an order suspending the officer pending the hearing. Any constitutional officer convicted of a felony under the laws of any state or the United States shall be automatically suspended upon such conviction, regardless of any appeals, pleadings, delays, or motions. The court may, in its discretion, continue the suspension until the matter is finally disposed of in the Supreme Court or otherwise. During the suspension the court may appoint some suitable person to act in the officer's place. The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town, or State Treasurer who paid it.