Law-enforcement civilian oversight bodies; localities may establish, duties, effective date. (SB5035)

Introduced By

Sen. Ghazala Hashmi (D-Midlothian) with support from co-patrons Sen. Jennifer Boysko (D-Herndon), Sen. Barbara Favola (D-Arlington), Sen. Jennifer McClellan (D-Richmond), and Sen. Joe Morrissey (D-Richmond)


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 HB 5055. Read the Bill »


Bill Has Passed


08/14/2020Prefiled and ordered printed; offered 08/18/20 20200588D
08/14/2020Referred to Committee on the Judiciary
08/20/2020Senate committee, floor amendments and substitutes offered
08/20/2020Reported from Judiciary with substitute (8-Y 6-N) (see vote tally)
08/20/2020Committee substitute printed 20200879D-S1
08/20/2020Rereferred to Finance and Appropriations
08/21/2020Impact statement from DPB (SB5035S1)
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)
09/03/2020Committee substitute printed 20201005D-S2
09/03/2020Impact statement from DPB (SB5035S2)
09/04/2020Constitutional reading dispensed (37-Y 0-N) (see vote tally)
09/10/2020Read second time
09/10/2020Committee substitute from Judiciary rejected 20200902D-S1s4410
09/10/2020Committee substitute from Finance and Appropriations agreed to 20201005D-S2
09/10/2020Engrossed by Senate - committee substitute SB5035S2
09/15/2020Read third time and passed Senate (20-Y 15-N) (see vote tally)
09/17/2020Placed on Calendar
09/17/2020Read first time
09/17/2020Referred to Committee on Public Safety
09/21/2020Reported from Public Safety with substitute (13-Y 9-N) (see vote tally)
09/21/2020Committee substitute printed 20201228D-H1
09/23/2020Impact statement from DPB (SB5035H1)
09/24/2020Read second time
09/25/2020Read third time
09/25/2020Committee substitute agreed to 20201228D-H1
09/25/2020Engrossed by House - committee substitute SB5035H1
09/25/2020Passed House with substitute (51-Y 46-N)
09/25/2020VOTE: Adoption (51-Y 46-N) (see vote tally)
10/02/2020House substitute rejected by Senate (1-Y 37-N) (see vote tally)
10/07/2020House insisted on substitute
10/07/2020House requested conference committee
10/07/2020Senate acceded to request (22-Y 14-N) (see vote tally)
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Hashmi, McClellan, Stuart
10/07/2020Conferees appointed by House
10/07/2020Delegates: Herring, Price, Miyares
10/14/2020C Amended by conference committee
10/14/2020Conference substitute printed 20201370D-S3
10/14/2020Conference report agreed to by Senate (21-Y 17-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 Senate and House (SB5035ER)
10/16/2020Signed by President
10/16/2020Signed by Speaker
10/19/2020Impact statement from DPB (SB5035ER)
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 30 (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 30 (Effective 7/1/21)
10/28/2020G Acts of Assembly Chapter text (CHAP0030)