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BILLS PASSED 2020 Regular Session and Special Session
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HB 1023 Custodial interrogations; recording (2020)
Sponsored by Delegate Les Adams [R] ​
04/10/20 Governor: Approved by Governor-Chapter 1126 (effective 7/1/20)
Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. This bill is a recommendation of the Virginia Criminal Justice Conference. Read bill information here.
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HB 1100 State Inspector General; powers and duties (2020)
Sponsored by Delegate Betsy Carr [D]
03/12/20 Approved by Governor-Chapter 354 (effective 7/1/20)
Requires State Inspector General; powers and duties. Requires the State Inspector General to establish procedures governing the intake and investigation of complaints alleging fraud, waste, abuse, or corruption by a state agency or nonstate agency or by any officer or employee of a state agency or nonstate agency. At a minimum, the procedures must (i) provide for the State Inspector General, or his designee, to review each decision to dismiss an allegation reported to the State Fraud, Waste, and Abuse Hotline at the initial intake stage without further investigation, (ii) require investigators designated by the State Inspector General to directly investigate allegations of serious administrative violations and provide for other agency internal audit divisions to investigate allegations meeting certain specified criteria, only if the internal audit division has demonstrated the ability to conduct investigations in an independent, effective, and timely manner, (iii) require oversight by the Office of the Inspector General of all investigations referred to other agencies to ensure the quality, timeliness, and independence, and (iv) develop a process for the regular review of the status of recommendations made by the Office of the Inspector General. The bill also clarifies the duty of the State Inspector General to provide oversight of the Department of Behavioral Health and Developmental Services and community-based providers to identify system-level issues and conditions affecting quality of care and safety and provide recommendations to alleviate such issues and conditions. The bill removes the requirement for the State Inspector General to refer complaints alleging involving allegations against a public institution of higher education or any of it officers or employees to refer such complaint to the internal audit division of the institution. Read bill information here
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HB 1231 Department of Criminal Justice Services; crisis intervention team training (2020)
03/31/2020 Approved by Governor-Chapter 514 (effective 7/1/20)
Adds the Department for Aging and Rehabilitation Services and brain injury stakeholders to the list of entities with whom the Department of Criminal Justice Services is required to consult in developing a training program for all persons involved in the crisis intervention team programs and requires the curriculum for such training program to include a module on brain injury. Bill information here.
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HB 1328 Exchange of offender medical and mental health information and records (2020)
Sponsored by Delegate Vivian Watts [D]
04/07/20 Governor: Approved by Governor-Chapter 836 (effective 7/1/20)
Provides that a health care provider who has been notified that a person to whom he has provided services is committed to a local or regional correctional facility must disclose to the person in charge of the facility any information necessary and appropriate for the continuity of care of the person committed. The bill also provides protection from civil liability for such health care provider, absent bad faith or malicious intent. Read bill information here.
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HB 1648 State and local correctional facilities; treatment of State and local correctional facilities; treatment of prisoners known to be pregnant or who are parents of minor children (2020)
Sponsored by Delegate Kaye Kory [D] and Delegate John McGuire [R]
03/31/20 Governor: Approved by Governor-Chapter 526 (effective 7/1/20)
Provides for rules and regulations regarding the treatment, control, and education of prisoners known to be pregnant and prisoners who are parents of minor children in state and local correctional facilities. The bill requires the Department of Corrections to include in the training it provides for deputy sheriffs and jail officers, state correctional officers, and juvenile correctional officers who may have contact with pregnant inmates training on the general care of pregnant women and the impact of restraints, restrictive housing, and body cavity searches on such inmates. The bill requires the Director of the Department of Corrections, to the extent practicable, after accounting for security and capacity factors, to place prisoners who are parents of minor children in a facility as close as possible to such children. The bill further provides that the Director of the Department of Corrections is authorized to prescribe reasonable rules regarding visitation that shall include authorization of visitation by minor dependents of prisoners who are parents of minor children with Level 1 or... Read bill information here.
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HB 1990 Criminal justice legislation; racial and ethnic impact statements.
Introduced by: Lashrecse D. Aird
Racial and ethnic impact statements for criminal justice legislation. Provides that the Chair of the House Committee for Courts of Justice or the Chair of the Senate Committee on the Judiciary may request the Joint Legislative Audit and Review Commission (JLARC) to review and prepare a racial and ethnic impact statement for a proposed criminal justice bill to outline its potential impact on racial and ethnic disparities within the Commonwealth. The bill requires JLARC to provide copies of the impact statement to the requesting chair and the patron of the proposed bill. No more than three racial and ethnic impact statements may be requested by the Chair of the House Committee for Courts of Justice and no more than two racial and ethnic impact statements may be requested by the Chair of the Senate Committee on the Judiciary for completion during a single regular session of the General Assembly.
01/11/21 House: Referred to Committee on Rules
01/22/21 House: Reported from Rules (14-Y 4-N)
01/22/21 House: Referred to Committee on Appropriations
01/22/21 House: Assigned App. sub: Compensation & General Government
01/26/21 House: Subcommittee recommends reporting (8-Y 0-N)
01/27/21 House: Reported from Appropriations (16-Y 1-N)
01/28/21 House: Read first time
01/29/21 House: Read second time and engrossed
02/01/21 House: Read third time and passed House (69-Y 31-N)
View bill here.
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HB 5045 Inmate, parolee, probationer, arrestee, detainee, or pretrial defendant; carnal knowledge - Special Session 2020
Introduced by Delegate Karrie Delaney [D]
08/26/20 House: Reported from Courts of Justice with substitute (21-Y 0-N)09/02/20 House: Read first time
09/03/20 House: Engrossed by House - committee substitute HB5045H1
09/04/20 House: VOTE: Passage (98-Y 0-N)
09/16/20 Senate: Reported from Judiciary with substitute (13-Y 0-N)
09/16/20 Senate: Committee substitute printed 20201181D-S1
09/16/20 Senate: Rereferred to Finance and Appropriations
09/24/20 Senate: Reported from Finance and Appropriations (16-Y 0-N)
10/01/20 Senate: Passed Senate (40-Y 0-N)
10/01/20 Senate: Passed Senate with substitute (40-Y 0-N)
10/02/20 Senate: Engrossed by Senate - committee substitute HB5045S1
10/02/20 Senate: Passed Senate with substitute (38-Y 0-N)
10/07/20 House: Senate substitute agreed to by House 20201181D-S1 (94-Y 2-N)
10/07/20 House: VOTE: Adoption (94-Y 2-N)
10/14/20 House: Enrolled
10/14/20 House: Bill text as passed House and Senate (HB5045ER)
10/14/20 House: Signed by Speaker
10/14/20 Senate: Signed by President
10/28/20 Governor: Approved by Governor-Chapter 26 (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)
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HB 5051 ​ Law-enforcement officers or jail officers; notice to Criminal Justice Services Board of misconduct Special Session 2020.
Introduced by Delegate Marcus Simon [D]
09/03/20 House: Engrossed by House as amended HB5051E
09/04/20 House: VOTE: Passage (57-Y 41-N)
09/16/20 Senate: Reported from Judiciary with substitute (10-Y 2-N)
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
10/21/20 Governor: Governor's Action Deadline 11:59 p.m., October 28, 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)
Directs the Department of Criminal Justice Services to adopt standards of conduct applicable to law-enforcement and jail officers and due process procedures for decertification based on serious misconduct in violation of those standards. The bill 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 authorizes the Board to initiate decertification proceedings against any current or former law-enforcement or jail officer who has engaged in such activities. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.
Read bill here.
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HB 5104 Law-enforcement officers, deputy sheriff, etc.; minimum qualifications, disclosure of information Special session 2020
Introduced by Delegate Marcia Price
09/03/20 House: Committee amendments agreed to
09/03/20 House: Engrossed by House as amended HB5104E
09/04/20 House: Read third time and passed House (54-Y 42-N)
09/04/20 House: VOTE: Passage (54-Y 42-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 20201187D-S1
10/02/20 Senate: Engrossed by Senate - committee substitute HB5104S1
10/02/20 Senate: Passed Senate with substitute (29-Y 9-N 1-A)
10/07/20 House: Senate substitute rejected by House (0-Y 96-N)
10/07/20 House: VOTE: Rejected (0-Y 96-N)
10/07/20 Senate: Senate insisted on substitute (24-Y 12-N)
10/07/20 Senate: Senate requested conference committee
10/14/20 Conference: Amended by conference committee
10/14/20 House: Conference report agreed to by House (55-Y 35-N)
10/14/20 House: VOTE: Agreed To (55-Y 35-N)
10/14/20 Senate: Conference report agreed to by Senate (31-Y 5-N)
10/14/20 Senate: Reconsideration of conference report agreed to by Senate (36-Y 0-N)
10/14/20 Senate: Conference report agreed to by Senate (31-Y 5-N)
10/16/20 House: Enrolled
10/16/20 House: Bill text as passed House and Senate (HB5104ER)
10/16/20 House: Signed by Speaker
10/16/20 Senate: Signed by President
10/21/20 House: Enrolled Bill communicated to Governor on October 21, 2020
10/21/20 Governor: Governor's Action Deadline 11:59 p.m., October 28, 2020
10/28/20 Governor: Approved by Governor-Chapter 32 (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)
Minimum qualifications for law-enforcement officer, etc.; disclosure of information. Provides that any sheriff or chief of police, the director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers, and the Director of the Department of Criminal Justice Services shall disclose to a prospective law-enforcement or jail employer any information (i) related to an arrest or prosecution of a former police officer, deputy sheriff, or jail officer, including expunged information; (ii) related to a civil suit regarding a former police officer's, deputy sheriff's, or jail officer's employment or performance of his duties; (iii) obtained during the course of any internal investigation related to a former police officer's, deputy sheriff's, or jail officer's alleged criminal conduct, use of excessive force, or other official misconduct in violation of the state professional standards of conduct; and (iv) related to a former police officer, deputy sheriff, or jail officer's job performance that led to dismissal, demotion, suspension, or transfer. The bill further provides that no police officer, deputy sheriff, or jail officer may be employed by another law-enforcement agency or jail until the requested information is received from all prior employing agencies in the Commonwealth. The bill authorizes a hiring law-enforcement agency or jail to require a candidate for employment to undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist. The bill requires the Department of Criminal Justice Services to establish guidelines for such examinations.
Read bill here:
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HB 5108 Criminal Justice Services Board and Committee on Training; change in membership & responsibilities - Special Session 2020
Introduced by Delegate Elizabeth Guzman
10/14/20 House: Bill text as passed House and Senate (HB5108ER)
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 28 (effective 3/1/21)
Criminal Justice Services Board; Committee on Training; membership and responsibilities. Changes the membership of the Criminal Justice Services Board and its Committee on Training by requiring that some members be representatives of a social justice organization, representatives of community interests of minorities, and mental health service providers. The bill requires that the Committee on Training include a representative from the Virginia Indigent Defense Commission, a representative of the community interests of minorities, and a mental health service provider. In addition, the bill permits the Committee on Training to appoint curriculum review committees.
Read bill here.
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SB 20 Board of Juvenile Justice; Department of Behavioral Health and Developmental Services; regulations governing the housing of youth pursuant to contracts with the federal government (2020)
Sponsored by Senator Adam Ebbin [D] and Senator Jennifer McClellan [D]
04/02/20 Approved by Governor-Chapter 599 (effective 7/1/20)
Board of Juvenile Justice; Department of Behavioral Health and Developmental Services; regulations governing the housing of youth pursuant to contracts with the federal government. Requires the Board of Juvenile Justice, in collaboration with the Department of Behavioral Health and Developmental Services, to promulgate regulations governing the housing of youth who are detained in a juvenile correctional facility pursuant to a contract with the federal government and not committed to such juvenile correctional facility by a court of the Commonwealth. Read bill information here.
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SB 215 Review of death of inmates in local correctional facilities; report (2020)
Sponsored by Senator David Suetterlein [R]
05/21/2020: Passed, effective 7/1/2020
​Provides that the Board of Corrections shall publish, on its website, an annual report summarizing the jail death reviews conducted by the Board within that year. The bill provides that such report shall include any trends or similarities among the deaths of inmates in local correctional facilities and present recommendations on policy changes to reduce the number of deaths in local correctional facilities. Read bill information here.
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SB 494 Department of Criminal Justice Services; crisis intervention team training (2020)
Sponsored by Senator John Edwards [D]
03/31/20 Approved by Governor-Chapter 515 (effective 7/1/20)
Department of Criminal Justice Services; crisis intervention team training. Adds the Department for Aging and Rehabilitation Services and brain injury stakeholders to the list of entities with whom the Department of Criminal Justice Services is required to consult in developing a training program for all persons involved in the crisis intervention team programs and requires the curriculum for such training program to be part of the module on brain injury. Read bill information here.
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SB 656 Exchange of offender medical and mental health information and records (2020)
Sponsored by Senator Jennifer Boysko [D] and Senator Emmett Hanger [R]
04/07/20 Governor: Approved by Governor-Chapter 837 (effective 7/1/20)
Exchange of offender medical and mental health information and records. Provides that a health care provider who has been notified that a person to whom he has provided services is committed to a local or regional correctional facility must disclose to the person in charge of the facility any information necessary and appropriate for the continuity of care of the person committed. The bill also provides protection from civil liability for such health care provider, absent bad faith or malicious intent. Read bill here.
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SB 818 Behavioral health dockets; established (2020)
Sponsored by Senator Joseph Morrissey [D]
04/10/20 Governor: Approved by Governor-Chapter #### (effective 7/1/20)
Establishes, by the Behavioral Health Docket Act (the Act), behavioral health courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of offenders who have mental illness and co-occurring substance abuse issues. The bill establishes a state behavioral health docket advisory committee and requires localities intending to establish such dockets to establish local behavioral health docket advisory committees. The bill gives the Supreme Court of Virginia administrative oversight of the implementation of the Act. The Act is modeled on the Drug Treatment Court Act (§18.2-254.1). Read bill information here.
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SB 1024 Detector canines and detector canine handlers; training and database (2020)
Sponsored by Senator Mark Peake [R]
Approved by Governor-Chapter 535 (effective 7/1/20)
Requires the Department of Criminal Justice Services to establish compulsory minimum training standards for detector canine handlers employed by state and local law-enforcement agencies, standards for the training and retention of canines used by such agencies, and a state and local database on the performance and effectiveness of detector canines. The bill requires that law-enforcement personnel comply with such requirements. Read bill information here.
SB 1454 Evidence of mental competence; medical scans of brain
Introduced by: Frank M. Ruff, Jr. [R]
Evidence of mental competence; medical scans of brain. Provides that in any proceeding where mental competence or mental impairment is at issue, the court shall accept a properly authenticated computed tomography (CT) scan, computerized axial tomography (CAT) scan, or magnetic resonance imaging (MRI) scan that demonstrates that the subject of such scan or image has a normal and uninjured brain as proof of competency and lack of impairment.
01/20/21 Senate: Presented and ordered printed 21102755D
01/20/21 Senate: Referred to Committee on the Judiciary
View bill here.
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SB 5030 Policing reform; acquisition of military property, training of officers in de-escalation techniques - Special Session 2020
Introduced by Senator Mamie Locke [D]
10/16/20 Senate: Bill text as passed Senate and House (SB5030ER)
10/16/20 Senate: Signed by President
10/16/20 House: Signed by Speaker
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)
(That the provisions of §§ 15.2-1609.10, 15.2-1722.1, 52-30.2, 52-30.3, and 52-30.4 of the Code of Virginia, as amended by this act, shall become effective on July 1, 2021.)
Summary excerpt:
Policing reform. 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. The bill also requires the Criminal Justice Services Board (the Board) to adopt statewide professional standards of conduct applicable to all certified law-enforcement officers and certified jail officers. The bill requires any sheriff, chief of police, or agency administrator to notify the Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been found to have engaged in serious misconduct. The bill authorizes the Board to initiate decertification proceedings against any current or former law-enforcement or jail officer who has engaged in serious misconduct as defined in such statewide professional standards of conduct.
Read bill here.
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SB 5038 Mental health crises; DCJS to assist DBHDS, etc., with development of Marcus alert system - Special Session
Introduced by Senator Jeremy McPike [D]
10/02/20 House: Passed House with substitute (57-Y 40-N)​
10/02/20 House: VOTE: Passage (54-Y 42-N)
10/07/20 Senate: House substitute rejected by Senate (0-Y 35-N)
10/07/20 House: House insisted on substitute
10/07/20 House: House requested conference committee
10/28/20 Senate: Enrolled
11/05/20 Governor: Approved by Governor effective 3/1/21
Mental health awareness response and community understanding services (Marcus) alert system. Provides that the Department of Criminal Justice Services (DCJS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall develop and establish a mental health awareness response and community understanding services (Marcus) alert system throughout the Commonwealth. The bill directs DBHDS, in collaboration with DCJS, law enforcement, and other stakeholders, to submit a plan for the establishment of a Marcus alert system no later than July 1, 2021. The bill directs DCJS to develop a plan by July 1, 2021 outlining (i) DCJS's and law-enforcement agencies' roles and engagement with the development of the Marcus alert system; (ii) DCJS's role in the development of minimum standards, best practices, and the review and approval of the protocols for law-enforcement participation in the Marcus alert system; and (iii) plans for measuring progress toward the goals for law-enforcement participation in the Marcus alert system. The bill provides that DBHDS and DCJS shall collaborate to ensure that DBHDS maintains purview over best practices to promote a behavioral health response through the use of a mobile crisis response to behavioral health crises whenever possible, or law-enforcement backup of a mobile crisis response when necessary, and that DCJS maintains purview over requirements associated with decreased use of force and body-worn camera system policies and enforcement of such policies in the protocols established pursuant to the bill.
Read bill here
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FAILED BILLS - REGULAR AND SPECIAL SESSION 2020
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HB 281; Prisoners; medical care (2020)
Sponsored by Delegate Patrick Hope (D)
12/04/20 Senate: Left in Finance and Appropriations
Eliminates the Department of Corrections prisoner co-payment program for nonemergency health care services. Read full text here.
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HB 883 DCJS; costs and benefits of implementing a deflection to treatment program (2020)
Delegate Suhas Subramanyam [D]
12/04/20 House: Left in Health, Welfare and Institutions
Directs the Department of Criminal Justice Services to evaluate the costs and benefits of implementing a deflection to treatment program for individuals with substance use disorder or mental illness generally, and the Five Deflection Pathways in accordance with the Polie, Treatment and Community Collaborative specifically, and to report its findings and recommendations to the Governor and the General Assembly by December 1, 2020. Read full text here.
HB 1651 Corrections, Department of; hepatitis C antiviral medication (2020)
Sponsored by Delegate Dawn Adams
02/11/20 House: Left in Appropriations (Bill failed)
Department of Corrections; hepatitis C antiviral medication. Directs the Department of Corrections to issue a Request for Proposals to pharmaceutical manufacturers for the purchase of an unrestricted five-year supply of hepatitis C antiviral medication and any necessary ancillary services at an annual fixed rate. The bill requires the Department to report to the Governor and the General Assembly by November 30, 2020, and by November 30 during each year of the contract, regarding the status of the contract, whether the contract has lowered the Department's hepatitis C treatment costs, and inmate health outcomes resulting from the contract. Bill information here.
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SB 837 Corrections Private Management Act (2020)
Sponsored by Senator Adam Ebbin [D]
01/24/2020 Passed by indefinitely in Rehabilitation and Social Services with letter (11-Y 4-N)
Removes the authority of the Director of the Department of Corrections pursuant to the Corrections Private Management Act (the Act) to enter into contracts with prison contractors for the operation of prison facilities, including management, custody of inmates, and provision of security. The bill does not affect the Director's authority pursuant to the Act, renamed by the bill the Corrections Private Services Act, to enter into private contracts for other correctional services, including those related to food service, medical care, transportation, sanitation, information systems, education and training programs, recreational or religious activities, financing, construction, or maintenance. The bill has a delayed effective date of July 1, 2023 -- meaning that the Department of Corrections shall develop and implement a plan to ensure that all prisons are in compliance with the provisions of this act by July 1, 2023.
HJR 18; Study; JLARC (2020)
Sponsored by Delegate Lee Carter
1/29/2020 Subcommittee recommends laying on the table (4-Y 2-N). Bill failed.
Study; JLARC; cost of implementing universal health care in the Commonwealth; report. Directs the Joint Legislative Audit and Review Commission to study the cost of implementing universal health care in the Commonwealth.
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