KEY BILLS ON POLICE REFORM - PASSED 2020
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HB 5043 Mental health awareness response & community understanding serv. (Marcus) alert syst.; establishes (Special Session 2020)
Introduced by Delegate Jeffrey Bourne [D]
08/25/20 House: Committee substitute printed 20201023D-H1
08/25/20 House: Referred to Committee on Appropriations
09/09/20 House: Appropriations Committee substitute agreed to 20201114D-H2
09/09/20 House: Engrossed by House - committee substitute HB5043H2
09/10/20 House: Read third time and passed House (57-Y 39-N)
09/15/20 Senate: Referred to Committee on the Judiciary
09/24/20 Senate: Reported from Finance and Appropriations (12-Y 3-N)
10/01/20 Senate: Committee substitute agreed to
10/01/20 Senate: Engrossed by Senate - committee substitute HB5043S1
10/01/20 Senate: Passed Senate with substitute (24-Y 15-N)
10/02/20 House: Senate substitute rejected by House (0-Y 95-N)
10/07/20 Senate: Senate insisted on substitute (24-Y 12-N)
10/07/20 Senate: Senate requested conference committee
10/07/20 House: House acceded to request
10/14/20 Conference: Amended by conference committee
10/14/20 House: Conference substitute printed 20201343D-H3
10/14/20 House: Conference report agreed to by House (59-Y 38-N)
10/16/20 Senate: Conference report agreed to by Senate (26-Y 12-N)
10/28/20 House: Enrolled
10/28/20 House: Bill text as passed House and Senate (HB5043ER)
11/05/20 Governor: Approved by Governor-Chapter 41 (Per Article IV, Section 13, this bill will be effective on the
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HB 5051 Law-enforcement officers or jail officers; notice to Criminal Justice Services Board of misconduct.
Introduced by: Marcus B. Simon​
09/04/20 House: VOTE: Passage (57-Y 41-N)
09/16/20 Senate: Reported from Judiciary with substitute (10-Y 2-N)
09/24/20 Senate: Reported from Finance and Appropriations (16-Y 0-N)
10/02/20 Senate: Committee substitute agreed to 20201183D-S1
10/02/20 Senate: Engrossed by Senate - committee substitute HB5051S1
10/02/20 Senate: Passed Senate with substitute (31-Y 7-N)
10/07/20 House: Senate substitute agreed to by House 20201183D-S1 (79-Y 16-N)
10/07/20 House: VOTE: Adoption (79-Y 16-N)
10/14/20 House: Enrolled
10/14/20 House: Bill text as passed House and Senate (HB5051ER)
10/14/20 House: Signed by Speaker
10/14/20 Senate: Signed by President
10/21/20 House: Enrolled Bill communicated to Governor on October 21, 2020
10/28/20 Governor: Approved by Governor-Chapter 27 (Per Article IV, Section 13, this bill will be effective on the
10/28/20 House: 1st day of the 4th month following the month of adjournment, sine die, of this special session)
SUMMARY AS PASSED HOUSE: (all summaries)
Decertification of law-enforcement officer. Requires any sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been terminated for engaging in misconduct, as set forth in the bill. The bill requires the Board to initiate decertification proceedings against any current or former law-enforcement or jail officer who has engaged in such activities. The bill also requires any sheriff, chief of police, or agency administrator to notify the Board and a civilian review panel, if one has been established, if any certified law-enforcement or jail officer currently employed by his agency has received three complaints of excessive use of force in the previous five years, and any recommendations made by the civilian review panel concerning such complaints shall be forwarded to the Board.
Read bill here.
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SB 5029 Marijuana and certain traffic infractions; possession, issuing citations.
Introduced by Senator Louise Lucas [D]
08/28/20 Senate: Passed Senate (21-Y 15-N)
08/28/20 Senate: Reconsideration of passage agreed to by Senate (33-Y 3-N)
08/28/20 Senate: Passed Senate (21-Y 15-N)
09/22/20 House: Reported from Courts of Justice with substitute (13-Y 7-N)
09/25/20 House: Passed House with substitute (51-Y 45-N)
09/25/20 House: VOTE: Adoption (51-Y 45-N)
10/07/20 Senate: Enrolled
10/07/20 Senate: Bill text as passed Senate and House (SB5029ER)
10/14/20 Senate: Enrolled Bill Communicated to Governor on October 14, 2020
10/21/20 Senate: Governor's recommendation received by Senate
11/09/20 Governor: Governor's recommendation adopted
11/09/20 Senate: Reenrolled bill text (SB5029ER2)
11/09/20 Governor: Approved by Governor-Chapter 51 (Per article IV, Section 13, this bill will be effective on the
11/09/20 Senate: 1st day of the 4th month following the month of adjournment, sine die, of this special session)
Changes from primary offenses to secondary offenses the possession of marijuana and the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) without an exhaust system that prevents excessive or unusual levels of noise, (iii) with certain sun-shading materials and tinting films, and (iv) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.
Read bill here.
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SB 5030 Policing reform; acquisition of military property, training of officers in de-escalation techniques.
Introduced by Senator Mamie Locke [D]
08/18/20 Senate: Reported from Judiciary with substitute (9-Y 5-N 1-A)
08/18/20 Senate: Committee substitute printed 20200823D-S1
08/18/20 Senate: Rereferred to Finance and Appropriations
09/03/20 Senate: Reported from Finance and Appropriations with substitute (11-Y 5-N)
09/10/20 Senate: Read third time and passed Senate (21-Y 19-N)
09/16/20 Senate: Reported from Judiciary with substitute (8-Y 3-N)
09/22/20 House: Reported from Courts of Justice with substitute (13-Y 7-N)
09/25/20 House: Reported from Appropriations with substitute (13-Y 9-N)
0/02/20 House: Appropriations Committee substitute agreed to 20201269D-H2
10/02/20 House: Engrossed by House - committee substitute SB5030H2
10/02/20 House: Passed House with substitute (54-Y 39-N)
10/07/20 Senate: House substitute rejected by Senate (0-Y 36-N)
10/07/20 House: House insisted on substitute
10/07/20 House: House requested conference committee
10/07/20 Senate: Senate acceded to request (21-Y 15-N)
10/14/20 Conference: Amended by conference committee
10/14/20 Senate: Conference substitute printed 20201366D-S4
10/14/20 Senate: Conference report agreed to by Senate (21-Y 17-N)
10/14/20 House: Conference report agreed to by House (52-Y 34-N)
10/21/20 Senate: Enrolled Bill Communicated to Governor on October 21, 2020
10/28/20 Governor: Approved by Governor-Chapter 37 (Per Article IV, Section 13, this bill will be effective on the
10/28/20 Senate: 1st day of the 4th month following the month of adjournment, sine die, of this special session)
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 any inmate, parolee, probationer, arrestee, detainee, or pretrial defendant or posttrial offender, including those in the custody of a private, local, or state law-enforcement agency.
The bill also requires that a law-enforcement officer provide 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 authorizes the execution of such search warrant at another time for good cause shown.(Summary is too long to post in full, please go to bill to read full text as this is an omnibus bill)
Read bill here.
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BILLS THAT FAILED 2020
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HB 5090 Virginia Freedom of Information Act; law-enforcement criminal incident information, etc.
Introduced by Delegate Chris Hurst [D]
08/19/20 House: Referred to Committee on General Laws
08/24/20 House: Reported from General Laws with substitute (16-Y 6-N)
08/24/20 House: Committee substitute printed 20200992D-H1
08/24/20 House: Referred to Committee for Courts of Justice
08/26/20 House: Reported from Courts of Justice with amendments (14-Y 7-N)
08/28/20 House: Read first time
09/03/20 House: Motion to refer to committee agreed to
09/03/20 House: Referred to Committee on Appropriations
09/04/20 House: Reported from Appropriations (13-Y 9-N)
09/09/20 House: Substitute by Delegate Hurst agreed to 20201160D-H3
09/10/20 House: Read third time and passed House (59-Y 37-N)
09/15/20 Senate: Referred to Committee on General Laws and Technology
09/18/20 Senate: Passed by indefinitely in General Laws and Technology with letter (14-Y 0-N)
Adds criminal investigative files, defined in the bill, to the types of law-enforcement and criminal records required to be released in accordance with the provisions of the Virginia Freedom of Information Act. Under current law, the release of criminal investigative files is discretionary. The bill also allows a law-enforcement agency or attorney for the Commonwealth to petition a court of record for permission not to release criminal incident information that would otherwise be subject to release, if the release of such information is likely to jeopardize an ongoing investigation or cause certain other harms.
Read bill here.
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SB 5003 Civil Rights and Policing, Commission on; established, report, sunset provision
Introduced by: Richard H. Stuart (R)
08/19/20 Senate: Reported from Rules (12-Y 1-N 2-A)
09/03/20 Senate: Read third time and passed Senate (29-Y 7-N)​
09/17/20 House: Read first time
09/17/20 House: Referred to Committee on Rules​​​
11/09/20 House: Left in Rules - Bill fails.
Summary: Commission on Civil Rights and Policing established; report. Establishes the Commission on Civil Rights and Policing for the purpose of reviewing civil justice, civil liberties, and policing in the Commonwealth and making policy recommendations to the General Assembly. The bill sunsets on July 1, 2023.
Read bill here.
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