SB 5035 Virginia Senate · 2020, 1st Special Session

Law-enforcement civilian oversight bodies; localities may establish, duties, effective date.

Summary
Law-enforcement civilian oversight bodies. Authorizes a locality to establish a law-enforcement civilian oversight body that 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. Such oversight bodies are not authorized to oversee sheriff's departments. The bill provides that a law-enforcement officer who is subject to a binding disciplinary determination may file a grievance requesting a final hearing pursuant to the locality's local grievance procedures. The bill also provides that a retired law-enforcement officer may serve on such law-enforcement civilian oversight body as an advisory, nonvoting ex officio member. The bill has a delayed effective date of July 1, 2021, and is identical to HB 5055.
Bill status signed all 5 stages cleared
Introduction
Aug 2020
Committee Review
Oct 2020
Senate Passage
Sep 2020
House of Delegates Passage
Sep 2020
Signed into Law
Oct 2020
Introduced Aug 14, 2020 Signed Oct 28, 2020
Floor votes · Senate Sep 15, 2020 · House of Delegates Sep 25, 2020

How they voted

20–15
Passed · 5 other
Total votes 40
Sep 15, 2020
D Democratic21
20 Yea 1
95% Yea
R Republican19
15 Nay 4
78% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
47
Key actions
16
Committee
16
Oct 28, 2020
Signed into law
Approved by Governor-Chapter 30 (Effective 7/1/21)
executive
Oct 14, 2020
Lower · Passed
Conference report agreed to by House (53-Y 35-N)
lower
Oct 14, 2020
Upper · Passed
Conference report agreed to by Senate (21-Y 17-N)
upper
Oct 14, 2020
Legislature · Passed
Amended by conference committee
legislature
Oct 7, 2020
Lower · Passed
House requested conference committee
lower
Sep 25, 2020
Lower · Passed
Passed House with substitute (51-Y 46-N)
lower
Sep 25, 2020
Lower · Passed
Engrossed by House - committee substitute SB5035H1
lower
Sep 25, 2020
Lower · Passed
Committee substitute agreed to 20201228D-H1
lower
Sep 21, 2020
Lower · Passed
Reported from Public Safety with substitute (13-Y 9-N)
lower
Sep 17, 2020
Committee
Referred to Committee on Public Safety
lower
Sep 15, 2020
Upper · Passed
Read third time and passed Senate (20-Y 15-N)
upper
Sep 10, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB5035S2
upper
Sep 10, 2020
Upper · Passed
Committee substitute from Finance and Appropriations agreed to 20201005D-S2
upper
Sep 3, 2020
Upper · Passed
Reported from Finance and Appropriations with substitute (11-Y 5-N)
upper
Sep 3, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Aug 20, 2020
Committee
Rereferred to Finance and Appropriations
upper
Aug 20, 2020
Upper · Passed
Reported from Judiciary with substitute (8-Y 6-N)
upper
Aug 20, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Aug 14, 2020
Committee
Referred to Committee on the Judiciary
upper
Aug 14, 2020
Introduced
Prefiled and ordered printed; offered 08/18/20 20200588D
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.