2024 Law Enforcement and Jail Officer Bills
PASSED HOUSE AND SENATE, APPROVED BY THE GOVERNOR
HB 586 Law-enforcement officers; training standards
Introduced by: Adele Y. McClure [D]
Requires the Department of Criminal Justice Services to establish training standards and publish and periodically update model policies for law-enforcement personnel on the use of naloxone or other opioid antagonists to prevent opioid overdose deaths, in coordination with statewide naloxone training programs developed by the Department of Behavioral Health and Developmental Services and the Virginia Department of Health
01/09/24 House: Referred to Committee on Public Safety
01/16/24 House: Assigned PS sub: Public Safety
01/25/24 House: Subcommittee recommends reporting (4-Y 2-N)
01/25/24 House: Subcommittee recommends referring to Committee on Appropriations
01/26/24 House: Assigned App. sub: Transportation & Public Safety
01/26/24 House: Reported from Public Safety (12-Y 10-N)
01/26/24 House: Referred to Committee on Appropriations
01/31/24 House: Subcommittee recommends reporting with amendments (4-Y 3-N)
02/02/24 House: Reported from Appropriations with amendment(s) (13-Y 9-N)
02/07/24 House: Committee amendments agreed to
02/08/24 House: VOTE: Passage (52-Y 46-N)
02/09/24 Senate: Referred to Committee for Courts of Justice
02/19/24 Senate: Reported from Courts of Justice (14-Y 0-N)
02/21/24 Senate: Passed Senate (40-Y 0-N)
02/27/24 House: Bill text as passed House and Senate (HB586ER)
02/27/24 House: Signed by Speaker
03/01/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/26/24 Governor: Approved by Governor-Chapter 141 (effective 7/1/24)
Go to bill here.
SB 88 Law-enforcement officers & jail officers; various changes to provisions related to decertification.
Introduced by: Mamie E. Locke [D]
Makes various changes to the provisions related to decertification of law-enforcement officers and jail officers. The bill provides that the Department of Criminal Justice Services may conduct decertification review hearings in accordance with the provisions of the Administrative Process Act. The bill provides that the findings and decision of the Department may be appealed to the Board and that the final administrative decision of the Board may be then appealed and reviewed by a court. The bill also provides that such decertification review hearings and any records submitted during the decertification review process may be closed and withheld from the public in accordance with the Virginia Freedom of Information Act. The bill also allows the Department to grant a continuance of any informal fact-finding conference or formal hearing upon motion by the decertified officer or his counsel or the Attorney General for good cause shown. The bill requires an officer to remain decertified during a period of continuance of any informal fact-finding conference or formal hearing for a pending criminal charge unless the Department finds the officer's continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer's certification may be reinstated during the period of continuance until the conviction becomes final. Current law allows the Board, when an officer's conviction has not become final, to decline to decertify such officer after considering the likelihood of irreparable damage to the officer if such officer is decertified during the pendency of an ultimately successful appeal, the likelihood of injury or damage to the public if the officer is not decertified, and the seriousness of the offense. Additionally, the bill allows for the decertification of an officer who is terminated or resigns for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or that constitutes exculpatory or impeachment evidence in a criminal case. The bill also provides that persons who are currently in a recruit or field training status and have committed an act that would be any basis for decertification are ineligible for certification. The bill also specifies that the required notification to the Department related to an officer being terminated or resigning (i) for engaging in serious misconduct; (ii) while such officer is the subject of a pending internal investigation involving serious misconduct; or (iii) for an act committed while in the performance of his duties that compromises an officer's credibility, integrity, or honesty or constitutes exculpatory or impeachment evidence in a criminal case shall be within 48 hours of completion of an internal investigation. Under current law, such notification is required to be within 48 hours of the termination or resignation. The bill also requires the Department to establish standards and procedures for when the Department may grant a petition for reinstatement of certification of a decertified officer. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill. The bill also requires the Department to establish standards and procedures for when the Department may grant a petition for reinstatement of certification of a decertified officer. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.
01/01/24 Senate: Referred to Committee for Courts of Justice
01/10/24 Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
01/31/24 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/31/24 Senate: Committee substitute printed 24106492D-S1
01/31/24 Senate: Rereferred to Finance and Appropriations
02/07/24 Senate: Reported from Finance and Appropriations (15-Y 0-N)02/09/24 Senate: Committee substitute agreed to 24106492D-S1
02/09/24 Senate: Engrossed by Senate - committee substitute SB88S1
02/09/24 Senate: Passed Senate (40-Y 0-N)
02/15/24 House: Referred to Committee on Public Safety
02/19/24 House: Assigned PS sub: Public Safety
02/22/24 House: Subcommittee recommends reporting with substitute (6-Y 0-N)
02/23/24 House: Reported from Public Safety with substitute (21-Y 0-N)
02/27/24 House: Read second time
02/28/24 House: Read third time
02/28/24 House: Committee substitute agreed to 24108110D-H1
02/28/24 House: Engrossed by House - committee substitute SB88H1
02/28/24 House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
02/28/24 House: VOTE: Block Vote Passage (97-Y 0-N)
03/01/24 Senate: House substitute agreed to by Senate (39-Y 0-N)
03/01/24 Senate: Title replaced 24108110D-H1
03/06/24 Senate: Enrolled
03/06/24 Senate: Bill text as passed Senate and House (SB88ER)
03/06/24 House: Signed by Speaker
03/07/24 Senate: Signed by President
03/11/24 Senate: Enrolled Bill Communicated to Governor on March 11, 2024
04/04/24 Governor: Approved by Governor-Chapter 494 (effective 7/1/24)
Go to bill here.
VETOED
HB 250 Law-enforcement officers; interrogation practices.
Introduced by: Jackie H. Glass [D]
Provides that the Department of Criminal Justice Services shall have the power and duty to establish a comprehensive framework for the custodial and noncustodial interrogation of adults and juveniles by law-enforcement officers within the Commonwealth, which shall include (i) developing policies and procedures for interrogation practices, including guidance on when the use of the following is considered lawful: (a) false promises of leniency, (b) misleading statements regarding evidence or statements of witnesses or co-conspirators, and (c) inauthentic replica documents or computer-generated audiovisual evidence; (ii) establishing and publishing a model policy for conducting such interrogations to serve as a guideline for criminal justice agencies in the Commonwealth, with the provision that criminal justice agencies may adopt additional policies beyond such model policy but shall not adopt policies that contradict such model policy; and (iii) establishing compulsory minimum training standards for basic training and recertification of law-enforcement officers on conducting such interrogations. The bill provides that the Department shall establish and publish such model policy by January 1, 2025, and that all criminal justice agencies shall adopt a policy consistent with such model policy by July 1, 2025. The bill requires any person employed as a law-enforcement officer prior to July 1, 2024, to complete the training required by the bill by July 1, 2025.
01/04/24 House: Referred to Committee on Public Safety
01/16/24 House: Assigned PS sub: Public Safety
01/25/24 House: Subcommittee recommends reporting with amendments (4-Y 2-N)
01/25/24 House: Subcommittee recommends referring to Committee on Appropriations
01/26/24 House: Reported from Public Safety with amendment(s) (13-Y 9-N)
01/30/24 House: Motion to refer to committee agreed to
01/30/24 House: Referred to Committee on Appropriations
01/30/24 House: Assigned App. sub: Transportation & Public Safety
01/31/24 House: Subcommittee recommends reporting (5-Y 3-N)
02/02/24 House: Reported from Appropriations (12-Y 10-N)
02/07/24 House: Committee amendments agreed to
02/07/24 House: Engrossed by House as amended HB250E
02/08/24 House: Read third time and passed House (51-Y 47-N)
02/08/24 House: VOTE: Passage (51-Y 47-N)
02/09/24 Senate: Referred to Committee for Courts of Justice
02/21/24 Senate: Reported from Courts of Justice (9-Y 6-N)
02/21/24 Senate: Rereferred to Finance and Appropriations
02/29/24 Senate: Constitutional reading dispensed (39-Y 0-N)
03/04/24 Senate: Passed Senate (20-Y 19-N)
03/07/24 House: Bill text as passed House and Senate (HB250ER)
03/08/24 Senate: Signed by President'
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
03/20/24 Governor: Vetoed by Governor
Go to bill here.
HB 267 Arrest/prosecution of individual experiencing mental health emerg.; assault against law enforcement.
Introduced by: Vivian E. Watts [D]
Provides that it is an affirmative defense to prosecution of an individual for assault or assault and battery against a law-enforcement officer or a correctional officer, both defined in the bill, if at the time of the assault or assault and battery (i) the law-enforcement officer or correctional officer was responding to a request for service; (ii) (a) the individual had (1) a mental illness or (2) a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual disability, such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association or (b) the individual met the criteria for the issuance of an emergency custody order; and (iii) the assault or assault and battery was caused by or had a direct and substantial relationship to the person's illness, disorder, or disability. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication.
01/05/24 House: Referred to Committee for Courts of Justice
01/23/24 House: Assigned Courts sub: Criminal
02/05/24 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
02/09/24 House: Reported from Courts of Justice with substitute (12-Y 9-N)02/13/24 House: Read third time and passed House (56-Y 42-N)
02/13/24 House: VOTE: Passage (56-Y 42-N)
02/14/24 Senate: Referred to Committee for Courts of Justice
02/28/24 Senate: Committee substitute printed 24108488D-S1
02/28/24 Senate: Reported from Courts of Justice with substitute (7-Y 5-N)
03/01/24 Senate: Constitutional reading dispensed (40-Y 0-N)
03/04/24 Senate: Committee substitute agreed to 24108488D-S1
03/04/24 Senate: Engrossed by Senate - committee substitute HB267S1
03/04/24 Senate: Passed Senate with substitute (20-Y 19-N)
03/05/24 House: Senate substitute rejected by House 24108488D-S1 (1-Y 99-N)
03/05/24 House: VOTE: REJECTED (1-Y 99-N)
03/06/24 Senate: Senate insisted on substitute (40-Y 0-N)
03/06/24 Senate: Senate requested conference committee
03/07/24 House: House acceded to request
03/07/24 House: Conferees appointed by House
03/07/24 House: Delegates: Watts, Callsen, Kilgore
03/07/24 Senate: Conferees appointed by Senate
03/07/24 Senate: Senators: Boysko, Surovell, Stanley
03/09/24 Conference: Amended by conference committee
03/09/24 House: Conference report agreed to by House (51-Y 46-N)
03/09/24 House: VOTE: Adoption (51-Y 46-N)
03/09/24 Senate: Conference report agreed to by Senate (21-Y 19-N)
03/27/24 Governor: Vetoed by Governor
Go to bill here.
CONTINUED TO 2025
HB 251 Criminal justice agencies; audiovisual surveillance technologies.
Introduced by: Jackie H. Glass [D]
Provides that the Department of Criminal Justice Services shall have the power and duty to establish a comprehensive framework for the use of audiovisual surveillance technologies as defined in the bill, including license plate reader systems, by criminal justice agencies within the Commonwealth. The comprehensive framework shall include (i) developing policies and procedures that ensure technology usage, data security, and data retention are in compliance with existing laws and regulations; (ii) establishing and publishing a model policy for the use of audiovisual surveillance technologies to serve as a guideline for criminal justice agencies in the Commonwealth; and (iii) establishing compulsory minimum training standards for basic training and recertification of law-enforcement officers operating or accessing audiovisual surveillance technologies, which shall include training on relevant state and federal laws, operational guidelines, privacy and civil liberties considerations, and proper data handling and retention. The bill provides that the Department shall establish and publish such model policy by January 1, 2025, and that all criminal justice agencies shall adopt a policy consistent with such model policy by July 1, 2025. The bill requires any law-enforcement officer who is authorized to operate or access audiovisual surveillance technologies to complete the training required by the bill by July 1, 2025.
01/04/24 House: Referred to Committee on Communications, Technology and Innovation
01/19/24 House: Assigned CT & I sub: Technology and Innovation
01/31/24 House: Subcommittee recommends continuing to 2025 with amendment(s) by voice vote
Go to bill here.