Law-enforcement civilian oversight bodies; localities may establish, duties, effective date. (HB5055)

Introduced By

Del. Charniele Herring (D-Alexandria) with support from 15 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. David Bulova (D-Fairfax), Del. Betsy Carr (D-Richmond), Del. Josh Cole (D-Stafford), Del. Kelly Fowler (D-Virginia Beach), Del. Wendy Gooditis (D-Clarke), Del. Kaye Kory (D-Falls Church), Del. Mark Levine (D-Alexandria), Del. Alfonso Lopez (D-Arlington), Del. Kathleen Murphy (D-McLean), Del. Ken Plum (D-Reston), Del. Cia Price (D-Newport News), Del. Sam Rasoul (D-Roanoke), Del. Ibraheem Samirah (D-Herndon), Del. Rodney Willett (D-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Law-enforcement civilian oversight bodies. Authorizes a locality to establish a law-enforcement civilian oversight body that may (i) receive, investigate, and issue findings on complaints from civilians regarding conduct of law-enforcement officers and civilian employees; (ii) investigate and issue findings on incidents, including the use of force by a law-enforcement officer, death or serious injury to any person held in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law-enforcement officers or civilian employees; (iii) make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards; (iv) investigate policies, practices, and procedures of law-enforcement agencies and make recommendations regarding changes to such policies, practices, and procedures; (v) review all investigations conducted internally by law-enforcement agencies and issue findings regarding the accuracy, completeness, and impartiality of such investigations and the sufficiency of any discipline resulting from such investigations; (vi) request reports of the annual expenditures of law-enforcement agencies and make budgetary recommendations; (vii) make public reports on the activities of the law-enforcement civilian oversight body; and (viii) undertake any other duties as reasonably necessary for the law-enforcement civilian oversight body to effectuate its lawful purpose to effectively oversee the law-enforcement agencies as authorized by the locality. Such oversight bodies are not authorized to oversee sheriff's departments. The bill provides that a law-enforcement officer who is subject to a binding disciplinary determination may file a grievance requesting a final hearing pursuant to the locality's local grievance procedures. The bill also provides that a retired law-enforcement officer may serve on such law-enforcement civilian oversight body as an advisory, nonvoting ex officio member. The bill has a delayed effective date of July 1, 2021, and is identical to SB 5035. Read the Bill »


Bill Has Passed


08/18/2020Prefiled and ordered printed; offered 08/18/20 20200472D
08/18/2020Referred to Committee on Public Safety
08/25/2020House committee, floor amendments and substitutes offered
08/25/2020Reported from Public Safety with substitute (13-Y 9-N) (see vote tally)
08/25/2020Committee substitute printed 20200962D-H1
08/25/2020Substitute bill reprinted 20200962D-H1
08/27/2020Read first time
08/28/2020House committee, floor amendments and substitutes offered
08/28/2020Impact statement from DPB (HB5055H1)
08/28/2020Read second time
08/28/2020Committee substitute agreed to 20200962-H1
08/28/2020Amendment by Delegate Wilt rejected
08/28/2020Engrossed by House - committee substitute HB5055EH1
08/28/2020Committee substitute agreed to 20200962D-H1
08/28/2020VOTE: Pass By (54-Y 41-N) (see vote tally)
08/28/2020Amendment by Delegate Wilt passed by (54-Y 41-N)
08/28/2020Engrossed by House - committee substitute HB5055H1
09/03/2020Read third time and passed House (53-Y 45-N)
09/03/2020VOTE: Passage (53-Y 45-N) (see vote tally)
09/04/2020Impact statement from DHCD/CLG (HB5055)
09/04/2020Constitutional reading dispensed
09/04/2020Referred to Committee on the Judiciary
09/16/2020Reported from Judiciary with substitute (7-Y 2-N) (see vote tally)
09/16/2020Rereferred to Finance and Appropriations
09/16/2020Committee substitute printed 20201194D-S1
09/18/2020Impact statement from DPB (HB5055S1)
09/24/2020Reported from Finance and Appropriations (11-Y 4-N) (see vote tally)
09/25/2020Constitutional reading dispensed (36-Y 0-N) (see vote tally)
10/01/2020Passed by temporarily
10/01/2020Read third time
10/01/2020Reading of substitute waived
10/01/2020Committee substitute agreed to
10/01/2020Engrossed by Senate - committee substitute HB5055S1
10/01/2020Passed Senate with substitute (20-Y 19-N) (see vote tally)
10/02/2020Placed on Calendar
10/02/2020Senate substitute rejected by House (1-Y 92-N)
10/02/2020VOTE: Adoption (1-Y 92-N) (see vote tally)
10/07/2020Senate insisted on substitute (21-Y 15-N) (see vote tally)
10/07/2020Senate requested conference committee
10/07/2020House acceded to request
10/07/2020Conferees appointed by House
10/07/2020Delegates: Herring, Price, Miyares
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Hashmi, McClellan, Stuart
10/08/2020House committee, floor amendments and substitutes offered
10/14/2020C Amended by conference committee
10/14/2020Conference substitute printed 20201374D-H2
10/14/2020Conference report agreed to by Senate (21-Y 18-N) (see vote tally)
10/14/2020Conference report agreed to by House (53-Y 35-N)
10/14/2020VOTE: Agreed To (53-Y 35-N) (see vote tally)
10/16/2020Bill text as passed House and Senate (HB5055ER)
10/16/2020Impact statement from DPB (HB5055ER)
10/16/2020Signed by Speaker
10/16/2020Signed by President
10/21/2020Enrolled Bill communicated to Governor on October 21, 2020
10/21/2020G Governor's Action Deadline 11:59 p.m., October 28, 2020
10/28/2020G Approved by Governor-Chapter 29 (Per Article IV, Section 13, this bill will be effective on the
10/28/20201st day of the 4th month following the month of adjournment, sine die, of this special session)
10/28/2020G Approved by Governor-Chapter 29 (effective 7/1/21)
10/28/2020G Acts of Assembly Chapter text (CHAP0029)