Law-enforcement civilian oversight body; locality authorized to establish. (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)

Progress

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

Description

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 board; and (viii) undertake any other duties as reasonably necessary for the board to effectuate its lawful purpose to effectively oversee the law-enforcement agencies as authorized by the locality. Such oversight bodies would not be 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. Read the Bill »

Status

09/25/2020: Passed the House

History

DateAction
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)

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