Policing reform; acquisition of military property, training of officers in de-escalation techniques. (SB5030)

Introduced By

Sen. Mamie Locke (D-Hampton) with support from co-patron Sen. Jennifer Boysko (D-Herndon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Policing reform. Adds law-enforcement officers to those persons who are guilty of a Class 6 felony if they are in a position of authority over and carnally know without force, threat, or intimidation a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, or pretrial defendant or posttrial offender, including those in the custody of a private, local, or state law-enforcement agency. In addition, the bill adds a person in the custody of a law-enforcement officer to the list of those persons for whom it is unlawful for a person in such authority to commit the offense of carnal knowledge. The bill also requires that a law-enforcement officer provide audible notice of his authority and purpose prior to the execution of a search warrant and that such warrants shall only be executed during the daytime unless a judge, or a magistrate if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown. The bill creates an exception to this requirement for a search warrant for the withdrawal of blood. The bill also requires the Criminal Justice Services Board (the Board) to adopt statewide professional standards of conduct applicable to all certified law-enforcement officers and certified jail officers. The bill requires any sheriff, chief of police, or agency administrator to notify the Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been found to have engaged in serious misconduct. The bill authorizes the Board to initiate decertification proceedings against any current or former law-enforcement or jail officer who has engaged in serious misconduct as defined in such statewide professional standards of conduct. The bill also provides that any sheriff or chief of police, any director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers, and the Director of the Department of Criminal Justice Services shall disclose to a prospective law-enforcement or jail employer (i) any information related to an arrest or prosecution of a former appointee or employee, including expunged information, known or disclosed to the agency; (ii) any information related to a civil suit regarding a former appointee's or employee's employment or performance of his duties; (iii) any information obtained during the course of any internal investigation related to a former appointee's or employee's alleged criminal conduct, use of excessive force, or other official misconduct; and (iv) any information related to a former police officer, deputy sheriff, or jail officer's job performance that led to such officer's or deputy sheriff's resignation, dismissal, demotion, suspension, or transfer. The bill requires candidates for employment to undergo a psychological examination. The bill adds requirements for training in de-escalation techniques and the lawful use of force to the compulsory training standards developed by the Department of Criminal Justice Services for basic training and recertification of law-enforcement officers. The bill provides that a law-enforcement officer shall not use deadly force against a person unless (a) the law-enforcement officer reasonably believes that deadly force is immediately necessary to protect the law-enforcement officer or another person, other than the subject of the use of deadly force, from the threat of serious bodily injury or death; (b) the law-enforcement officer has provided a warning before using such deadly force; (c) the law-enforcement officer's actions are reasonable, given the totality of the circumstances; and (d) all other options have been exhausted or do not reasonably lend themselves to the circumstances. The bill also prohibits the use of neck restraints by law-enforcement officers unless the use of a neck restraint is immediately necessary to protect the law-enforcement officer or another person. The bill bans law-enforcement officers from willfully discharging a firearm into or at a moving vehicle. The bill also requires that law-enforcement officers intervene and render aid if they observe another law-enforcement officer using an unlawful use of force. The bill also revises the basic training and recertification requirement for training in sensitivity to and awareness of cultural diversity and the potential for biased policing to include (1) awareness of racism and the potential for racially biased policing and (2) recognizing implicit biases in interacting with persons who have a mental illness, substance use disorder, or developmental or cognitive disability. The bill also expands the required law-enforcement data collection for motor vehicle stops to include all investigatory motor vehicle stops, all stop-and-frisks based on reasonable suspicion, and all investigatory detentions that do not result in an arrest or summons. The provisions requiring data collection become effective on July 1, 2021. The bill also prohibits the Department of State Police and other law-enforcement agencies from acquiring from the Department of Defense (A) weaponized unmanned aerial vehicles; (B) aircraft that are configured for combat or are combat-coded and have no established commercial flight application; (C) grenades or similar explosives or grenade launchers from a surplus program operated by the federal government; (D) armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat from a surplus program operated by the federal government; (E) bayonets; (F) firearms of .50 caliber or higher; (G) ammunition of .50 caliber or higher; or (H) weaponized tracked armored vehicles. The bill also requires every chief law-enforcement officer, defined in the bill, to provide the attorney for the Commonwealth access to all records relating to wrongful arrest or use of force complaints, or other complaints that a person has been deprived of the rights, privileges, or immunities secured or protected by the laws of the United States and the Commonwealth made against a law-enforcement officer that is employed by the chief law-enforcement officer's agency when such law-enforcement officer has a matter before the court. The bill also changes the membership of the Criminal Justice Services Board and its Committee on Training by adding four members and requiring that one member shall be an attorney representing the Virginia Indigent Defense Commission, one shall be a mental health service provider, one shall represent a social justice organization, and two shall represent community interests, at least one of whom shall represent the community interests of minority individuals. The bill further permits the Committee on Training to appoint curriculum review committees and requires the Committee on Training to provide an opportunity for public comment on any proposed change to any training standards promulgated for law-enforcement officers. The bill requires the Department of Criminal Justice Services to develop uniform curriculum and lesson plans for the compulsory minimum entry-level, in-service, and advanced training standards to be employed by criminal justice training academies approved by the Department of Criminal Justice Services when conducting training. The bill requires any criminal justice training academy approved by the Department of Criminal Justice Services to employ such uniform curriculum and lesson plans and requires the Department of Criminal Justice Services to conduct annual evaluations of each criminal justice training academy's compliance with uniform curriculum and lesson plans. The bill incorporates SB 5002, SB 5005, SB 5037, and SB 5049. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
08/13/2020Prefiled and ordered printed; offered 08/18/20 20200384D
08/13/2020Referred to Committee on the Judiciary
08/17/2020Impact statement from VCSC (SB5030)
08/18/2020Senate committee, floor amendments and substitutes offered
08/18/2020Reported from Judiciary with substitute (9-Y 5-N 1-A) (see vote tally)
08/18/2020Committee substitute printed 20200823D-S1
08/18/2020Rereferred to Finance and Appropriations
08/20/2020Impact statement from VCSC (SB5030S1)
08/25/2020Impact statement from DHCD/CLG (SB5030)
08/31/2020Impact statement from DPB (SB5030S1)
09/03/2020Senate committee, floor amendments and substitutes offered
09/03/2020Reported from Finance and Appropriations with substitute (11-Y 5-N) (see vote tally)
09/03/2020Incorporates SB5002 (Norment)
09/03/2020Incorporates SB5005 (Norment)
09/03/2020Incorporates SB5037 (Favola)
09/03/2020Incorporates SB5049 (Morrissey)
09/03/2020Committee substitute printed 20200909D-S2
09/04/2020Constitutional reading dispensed (37-Y 0-N) (see vote tally)
09/08/2020Impact statement from VCSC (SB5030S2)
09/09/2020Floor substitute printed 20201148D-S3 (Stanley)
09/09/2020Read second time
09/09/2020Reading of substitute waived
09/09/2020Committee substitute from Judiciary rejected 20200823D-S1
09/09/2020Committee substitute from Finance and Appropriations agreed to 20200909D-S2
09/09/2020Substitute from Senator Stanley ruled out of order 20201148D-S3
09/09/2020Reading of amendments waived
09/09/2020Amendments by Senator Stanely rejected (19-Y 20-N) (see vote tally)
09/09/2020Engrossed by Senate - committee substitute SB5030S2
09/10/2020Impact statement from VCSC (SB5030S3)
09/10/2020Motion to rerefer to Judiciary committee rejected
09/10/2020Read third time and passed Senate (21-Y 19-N) (see vote tally)
09/11/2020Impact statement from DPB (SB5030S2)
09/17/2020Placed on Calendar
09/17/2020Read first time
09/17/2020Referred to Committee for Courts of Justice
09/22/2020House committee, floor amendments and substitutes offered
09/22/2020Reported from Courts of Justice with substitute (13-Y 7-N) (see vote tally)
09/22/2020Committee substitute printed 20201240D-H1
09/22/2020Referred to Committee on Appropriations
09/24/2020Impact statement from VCSC (SB5030H1)
09/25/2020House committee, floor amendments and substitutes offered
09/25/2020Committee substitute printed 20201269D-H2
09/25/2020Impact statement from VCSC (SB5030H2)
09/25/2020Reported from Appropriations with substitute (13-Y 9-N) (see vote tally)
09/29/2020Read second time
10/01/2020Impact statement from DPB (SB5030H2)
10/02/2020Substitute by Delegate Herring withdrawn
10/02/2020Floor substitute printed 20201306D-H3 (Herring)
10/02/2020Read third time
10/02/2020Passed by temporarily
10/02/2020Passed by temporarily until after reading of House Bills with Senate Amendments
10/02/2020Impact statement from VCSC (SB5030H3)
10/02/2020Passed by temporarily until after reading of Supplemental Calendar No. 1
10/02/2020Substitute by Delegate Herring withdrawn 20201306D-H3
10/02/2020Courts of Justice Committee substitute rejected 20201240D-H1
10/02/2020Appropriations Committee substitute agreed to 20201269D-H2
10/02/2020Engrossed by House - committee substitute SB5030H2
10/02/2020Passed House with substitute (54-Y 39-N)
10/02/2020VOTE: Passage (54-Y 39-N) (see vote tally)
10/07/2020House substitute rejected by Senate (0-Y 36-N) (see vote tally)
10/07/2020House insisted on substitute
10/07/2020House requested conference committee
10/07/2020Senate acceded to request (21-Y 15-N) (see vote tally)
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Surovell, Locke, Stuart
10/07/2020Conferees appointed by House
10/07/2020Delegates: Herring, Mullin, Coyner
10/14/2020C Amended by conference committee
10/14/2020Conference substitute printed 20201366D-S4
10/14/2020Conference report agreed to by Senate (21-Y 17-N) (see vote tally)
10/14/2020Conference report agreed to by House (52-Y 34-N)
10/14/2020VOTE: Agreed To (52-Y 34-N) (see vote tally)
10/15/2020Impact statement from VCSC (SB5030S4)
10/16/2020Enrolled
10/16/2020Bill text as passed Senate and House (SB5030ER)
10/16/2020Signed by President
10/16/2020Signed by Speaker
10/19/2020Impact statement from VCSC (SB5030ER)
10/20/2020Impact statement from DPB (SB5030ER)
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 37 (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 37 (effective - see bill)
10/28/2020G Acts of Assembly Chapter text (CHAP0037)

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)