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POLICING BILLS - 2022
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PASSED
HB 750 Arrest and summons quotas; prohibition
Introduced by: Robert B. Bell [R]
Arrest and summons quotas; prohibition. Prohibits (i) any agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers; (ii) any sheriff; (iii) any police force; or (iv) the Department of State Police from establishing a formal or informal quota that requires a law-enforcement officer to make a specific number of arrests or issue a specific number of summonses within a designated period of time.
04/08/22 Governor: Approved by Governor-Chapter 208 (effective 7/1/22)
View bill here.
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SB 17 Law-enforcement officers; exemption from certain training requirements.
Introduced by: T. Travis Hackworth [R]
Employment of retired law-enforcement officers; exemption from certain training requirements. Provides that the Director of the Department of Criminal Justice Services shall exempt a law-enforcement officer who has demonstrated sensitivity to cultural diversity issues, had previous experience and training as a law-enforcement officer, is currently receiving or is eligible to receive a service retirement allowance, and has a break in service of no longer than 60 calendar months between retirement and new employment as a law-enforcement officer from the mandatory attendance of all courses that are required for the successful completion of the compulsory minimum training standards established by the Criminal Justice Services Board.
03/21/22 Senate: Bill text as passed Senate and House (SB17ER)
04/11/22 Senate: Governor's recommendation received by Senate
04/27/22 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
04/27/22 Senate: Signed by President as reenrolled
04/27/22 House: Signed by Speaker as reenrolled
04/27/22 House: Enacted, Chapter 704 (effective 7/1/22)
View bill here.
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SB 102 Arrest warrant; criminal acts committed during a close pursuit.
Introduced by: Emmett W. Hanger, Jr. [R]
Criminal acts committed during a close pursuit; arrest warrant. Provides that if a law-enforcement officer makes an arrest without a warrant when in close pursuit and such arrest is made beyond the boundary of the county or city from which the arrestee fled, then the law-enforcement officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with the offense committed, and any criminal act committed during the close pursuit, in the county or city from which he fled. Under current law, such officer would not be able to obtain a warrant for a criminal act committed during the close pursuit beyond the boundary of the county or city from which the arrestee fled.
03/08/22 Senate: House amendments agreed to by Senate (39-Y 0-N)
04/11/22 Governor: Approved by Governor-Chapter 326 (effective 7/1/22)
View bill here.
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SB 327 Arrest and summons quotas; prohibition on establishing formal or informal quota
Introduced by: Bryce E. Reeves [R]
Prohibits (i) any agency of the Commonwealth or director or chief executive of any agency or department employing law-enforcement officers; (ii) any sheriff; (iii) any police force; or (iv) the Department of State Police from establishing a formal or informal quota that requires a law-enforcement officer to make a specific number of arrests or issue a specific number of summonses within a designated period of time.
01/24/22 Senate: Reported from Judiciary with amendments (15-Y 0-N)​
04/08/22 Governor: Approved by Governor-Chapter 209 (effective 7/1/22)
View bill here.
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SB 361 Marcus alert system; optional participation
Introduced by: Richard H. Stuart [R]
Marcus alert system; optional participation. Provides that participation in the Marcus alert system shall be optional for localities and that no locality, community services board, or behavioral health authority shall be required to participate in the Marcus alert system.
03/02/22 House: Passed House with substitute (93-Y 7-N)
03/04/22 Senate: House substitute rejected by Senate (0-Y 39-N)
03/08/22 Senate: Senate acceded to request (39-Y 0-N)
03/08/22 Senate: Conferees appointed by Senate
03/08/22 Senate: Senators: Stuart, McPike, Hashmi
03/11/22 House: Conference report agreed to by House (51-Y 47-N)
03/11/22 House: VOTE: Adoption (51-Y 47-N)
03/11/22 Senate: Conference report agreed to by Senate (39-Y 1-N)
04/11/22 Governor: Approved by Governor-Chapter 613 (effective 7/1/22)
View bill here.
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SB 404 Search warrants; copy of search warrant and affidavit given to occupants
Introduced by: Richard H. Stuart [R]
Search warrants; copy of search warrant and affidavit given to occupants. Clarifies that if the owner of the place to be searched is not present, a copy of the search warrant and affidavit shall be given to at least one occupant of the place to be searched.
04/11/22 Governor: Approved by Governor-Chapter 403 (effective 7/1/22)
View bill here.
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SB 673 Local correctional facilities; entry privileges
Introduced by: Joseph D. Morrissey [D]
Local correctional facilities; entry privileges. Authorizes the Governor and members of the General Assembly to enter the interior of any local correctional facility.
04/08/22 Governor: Approved by Governor-Chapter 277 (effective 7/1/22)
View bill here.
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PENDING
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HB 736 Search warrants; execution
Introduced by: Robert B. Bell [R]
Search warrants; execution. Provides that a law-enforcement officer may seek, execute, or participate in the execution of a no-knock warrant if authorized by a judge for good cause shown by particularized facts. The bill also clarifies that a search warrant for any place of abode shall require that at least one law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer and provide audible notice of his authority and purpose reasonably designed to be heard by the occupants of such place to be searched prior to the execution of such search warrant. The bill changes the hours of execution of a search warrant for the search of any place of abode from the daytime hours between 8:00 a.m. and 5:00 p.m. to between 6:00 a.m. and 9:00 p.m. The bill also provides that a magistrate may authorize the execution of such search warrant at another time as necessary for law-enforcement officers to obtain the objects or persons described in the warrant or in the interest of public safety. Currently, a judge or a magistrate, if a judge is not available, may authorize the execution of such search warrant at another time. The bill removes provisions stating that any evidence obtained from a search warrant in violation of any of the execution requirements shall not be admitted into evidence for the Commonwealth in any prosecution.
02/15/22 House: Read third time and passed House (52-Y 47-N)
03/02/22 Senate: Passed Senate with amendments (33-Y 7-N)
03/04/22 House: Senate amendments rejected by House (0-Y 99-N)
03/04/22 House: VOTE: Rejected (0-Y 99-N)
03/08/22 Senate: Senate insisted on amendments (39-Y 0-N)
03/08/22 Senate: Senate requested conference committee
03/09/22 House: House acceded to request
03/10/22 House: Conferees appointed by House
03/10/22 House: Delegates: Bell, Adams, L.R., Herring
03/10/22 Senate: Conferees appointed by Senate
03/10/22 Senate: Senators: Deeds, Surovell, Obenshain
03/12/22 House: Continued to 2022 Sp. Sess. pursuant to HJR 455
View bill here.
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DID NOT PASS OR CONTINUED TO 2023
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HB 110 Law-enforcement civilian oversight bodies; removes the authority of a locality to establish. FAILED.
Introduced by: John J. McGuire, III [R]
Law-enforcement civilian oversight bodies. Removes the authority of a locality to establish a law-enforcement civilian oversight body. Under current law, law-enforcement civilian oversight bodies 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.
​02/15/22 House: Left in Public Safety
View bill here.
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HB 611 Conduct of law-enforcement officers; establishment of an Early Identification System. FAILED
Introduced by: Jeffrey M. Bourne [D]
Conduct of law-enforcement officers; establishment of an Early Identification System. Requires the Department of Criminal Justice Services (the Department) to establish a best practices model for the implementation, training, and management of an Early Identification System (EIS). The bill defines an EIS as a system through which a law-enforcement agency collects and manages data to identify and assess patterns of behavior, including misconduct and high-risk behavior, or performance of law-enforcement officers and law-enforcement agency employees. The bill directs each sheriff or chief of police to implement an EIS by July 1, 2024, and requires that law-enforcement officers receive training prior to implementation of the EIS and annually thereafter. The bill also directs the Department to establish and administer written policies and procedures for law-enforcement agencies to report to the Office of the Attorney General all judgments or settlements in cases relating to negligence or misconduct of a law-enforcement officer.
02/11/22 House: Tabled in Public Safety (11-Y 10-N)
View bill here.
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HB 622 Custodial interrogation of a child; advisement of rights. Continued to 2023
Introduced by: Sally L. Hudson [D]
Custodial interrogation of a child; advisement of rights. Requires that prior to any custodial interrogation of a child by a law-enforcement officer, the child and, if no attorney is present and if no exception to the requirement that the child's parent, guardian, or legal custodian be notified applies, the child's parent, guardian, or legal custodian shall be advised that (i) the child has a right to remain silent; (ii) any statement the child makes can and may be used against the child; (iii) the child has a right to an attorney and that one will be appointed for the child if the child is not represented and wants representation; and (iv) the child has a right to have his parent, guardian, custodian, or attorney present during any questioning. The bill states that if a child indicates in any manner and at any stage of questioning during a custodial interrogation that he does not wish to be questioned further, the law-enforcement officer shall cease questioning. The bill also requires, before admitting into evidence any statement made by a child during a custodial interrogation, that the court find that the child knowingly, intelligently, and voluntarily waived his rights and states that no admission or confession made by a child younger than 16 years of age during a custodial interrogation may be admitted into evidence unless it was made in the presence of the child's parent, guardian, custodian, or attorney.
01/28/22 House: Continued to 2023 in Courts of Justice by voice vote
View bill here.
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HB 631 Virginia Freedom of Information Act; closed meetings; privacy of witnesses in law-enforcement admin...
Introduced by: Sally L. Hudson [D]
Virginia Freedom of Information Act; closed meetings; privacy of witnesses in law-enforcement administrative investigations. Provides that a public body may hold a closed meeting to protect the privacy of an individual in administrative or disciplinary hearings related to allegations of wrongdoing by employees of a law-enforcement agency where such individual is a complainant, witness, or the subject of the hearing.
01/27/22 House: Stricken from docket by General Laws (22-Y 0-N)
View bill here.
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HB 660 Search warrants; execution
Introduced by: William C. Wampler III [D]
Search warrants; execution. Removes provisions requiring that search warrants for the search of any place of abode be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m
03/12/22 House: No further action taken
03/12/22 House: Failed to pass in House
View bill here.
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HB 870 Law-enforcement officers; conduct of investigation. FAILED.
Introduced by: Alfonso H. Lopez [D]
Law-enforcement officers; conduct of investigation. Requires that a law-enforcement officer who is under investigation for an officer-involved shooting or an instance of alleged use of excessive force be questioned not more than 24 hours after the incident is reported.
01/27/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Public Safety
View bill here.
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HB 1000 Law-enforcement civilian oversight bodies; requirements. FAILED.
Introduced by: Chris S. Runion
Law-enforcement civilian oversight bodies; requirements. Requires every member appointed to a locality's law-enforcement civilian oversight body to observe a law-enforcement officer employed with such locality's law-enforcement agency while such law-enforcement officer is engaged in his official duties. The bill also provides that any disciplinary determination recommended by a law-enforcement civilian oversight body shall be advisory and that if any law-enforcement agency declines to implement such recommendation, such agency shall create and make available to the public within 30 days from the date such recommendation is reported to such agency a written public record of its rationale for declining to implement such recommendation. The bill requires that such observation take place within 90 days of the member's appointment to the civilian oversight body and total no fewer than 24 hours, a portion of which includes a ride-along with a law-enforcement officer. The bill also requires each law-enforcement civilian oversight body to include at least one retired law-enforcement officer as a voting member; under current law, a retired law-enforcement officer may serve on such body as an advisory, nonvoting ex officio member.
02/15/22 House: Read third time and passed House (52-Y 47-N)
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
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HB 1119 Pensions; loss of benefits for certain felony convictions
Introduced by: Ronnie R. Campbell [R]
Provides that a law-enforcement officer shall not lose his benefits in any retirement system administered by the Board of Trustees of the Virginia Retirement System upon being convicted of a felony, unless such felony was (i) the result of gross negligence or intentional misconduct by such officer or (ii) resulted in any pecuniary benefit for such officer.
02/03/22 House: Subcommittee recommends striking from docket (5-Y 0-N)
02/09/22 House: Stricken from docket by Appropriations (22-Y 0-N)
View bill here.
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SB 543 Criminal records; sealing of records. FAILED
Introduced by: Bill DeSteph [R]
Criminal records; sealing of records; repeal. Repeals provisions not yet effective allowing for the automatic and petition-based sealing of police and court records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed.
01/26/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
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SB 563 Attorney General; instituting or conducting criminal prosecutions for acts of violence. FAILED.
Introduced by: Ryan T. McDougle [R]
Attorney General; instituting or conducting criminal prosecutions for acts of violence. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of the criminal laws involving an act of violence when such prosecution is requested by the sheriff or chief of police investigating the violation. The bill also provides that, prior to instituting or conducting a criminal prosecution for such cases involving a violation of the criminal laws involving an act of violence, the Attorney General shall give notice to the local attorney for the Commonwealth where such violation occurred of his intent to institute or conduct such criminal prosecution.
01/26/22 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)
View bill here.
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SB 669 Alleged wrongdoing of law-enforcement employees. FAILED.
Introduced by: Scott A. Surovell [D]
Alleged wrongdoing of law-enforcement employees. Requires that all law-enforcement agencies that employ at least two law-enforcement officers, reduced from at least 10 under current law, ensure that, in the case of all written citizen complaints or complaints submitted in an electronic format, the agency (i) allows for the submission of citizen complaints through the agency's website or other electronic format; (ii) provides a receipt or written acknowledgment confirming the submission of the complaint to the individual filing such complaint; (iii) provides a written response to any individual who has filed a complaint within 30 days of the filing of such complaint indicating the status of such complaint; (iv) provides a written response to any individual who has filed a complaint within 60 days of the filing of such complaint indicating the final disposition of such complaint and if any action, including disciplinary action, was taken as a result of such complaint or, if after 60 days a resolution of the complaint has not occurred, the law-enforcement agency provides a written response indicating the reason for the delay in reaching a final disposition and an anticipated date of completion; (v) for any complaint that is not resolved within 60 days, provides a written response to any individual who has filed a complaint upon the resolution of such complaint indicating the final disposition of such complaint and if any action, including disciplinary action, was taken as a result of such complaint; and (vi) provides notice to any individual who has filed a complaint if an investigation into a previously filed complaint has been reopened upon the submission of new materials after a final resolution for the previously filed complaint has been reached. The bill also provides that all complaints, investigative materials associated with such complaints, and any dispositional information may be disclosed to the attorney for the Commonwealth when such materials are requested by the attorney for the Commonwealth and relate to a law-enforcement officer's credibility, integrity, or honesty or may constitute exculpatory or impeachment evidence.
02/14/22 Senate: Reported from Judiciary with substitute (13-Y 0-N 2-A)
02/14/22 Senate: Committee substitute printed 22105569D-S1
02/15/22 Senate: Passed Senate (27-Y 13-N)
03/04/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
03/08/22 House: Left in Courts of Justice
View bill here.
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