Law-enforcement officer; failure to intervene in an unlawful use of excessive force, penalties.
Summary
Law-enforcement officer; failure to intervene in an excessive use of force; penalties. Requires that any law-enforcement officer who witnesses another law-enforcement officer, in the performance of his official duties, engaging or attempting to engage in the use of excessive force, defined in the bill, against another person shall intervene, when such intervention is objectively reasonable and possible, to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. The bill also requires a law-enforcement officer to render aid, as circumstances objectively permit, to any person injured as the result of such use of excessive force. The bill states that the knowing failure to intervene in the use of nondeadly excessive force is punishable as a Class 1 misdemeanor and the knowing failure to intervene in the use of excessive force that is deadly force is punishable as a Class 6 felony. The bill punishes the knowing failure to intervene in the use of excessive force that leads to death or if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment as a Class 4 felony.
Bill status
signed
all 5 stages cleared
Introduction
Aug 2020
Committee Review
Sep 2020
House of Delegates Passage
Oct 2020
Senate Passage
Oct 2020
Signed into Law
Oct 2020
Introduced Aug 17, 2020
Signed Oct 28, 2020
Floor votes · Senate Oct 2, 2020 · House of Delegates Oct 7, 2020
How they voted
21–17
Passed · 2 other
Total votes 40
Oct 2, 2020
D
Democratic21
100% Yea
R
Republican19
89% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
49
Key actions
15
Committee
12
Oct 28, 2020
Signed into law
Approved by Governor-Chapter 25 (effective 3/1/21)
executive
Oct 7, 2020
Lower · Passed
Passed by temporarily
lower
Oct 2, 2020
Upper · Passed
Passed Senate with substitute (21-Y 17-N)
upper
Oct 2, 2020
Upper · Passed
Passed Senate with substitute (20-Y 17-N)
upper
Oct 1, 2020
Upper · Passed
Passed by for the day
upper
Oct 1, 2020
Upper · Passed
Passed by temporarily
upper
Sep 24, 2020
Upper · Passed
Reported from Finance and Appropriations (12-Y 4-N)
upper
Sep 16, 2020
Committee
Rereferred to Finance and Appropriations
upper
Sep 16, 2020
Upper · Passed
Reported from Judiciary with substitute (8-Y 5-N)
upper
Sep 16, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Sep 9, 2020
Committee
Referred to Committee on the Judiciary
upper
Sep 4, 2020
Lower · Passed
Read third time and passed House (55-Y 42-N)
lower
Sep 3, 2020
Lower · Passed
Engrossed by House - committee substitute HB5029H1
lower
Sep 3, 2020
Lower · Passed
Committee substitute agreed to 20201020D-H1
lower
Aug 31, 2020
Lower · Passed
Reported from Appropriations (13-Y 8-N)
lower
Aug 26, 2020
Committee
Referred to Committee on Appropriations
lower
Aug 26, 2020
Lower · Passed
Reported from Courts of Justice with substitute (13-Y 8-N)
lower
Aug 26, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Aug 17, 2020
Committee
Referred to Committee for Courts of Justice
lower
Aug 17, 2020
Introduced
Prefiled and ordered printed; offered 08/18/20 20200388D
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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