SB88
Law-enforcement and jail officers; various changes to provisions related to decertification.
Summary
As Passed Both Chambers. Decertification of law-enforcement officers and jail officers.
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 ... (More) 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 records provided to the Board or Department for the purposes of decertification of an identifiable law-enforcement officer or jail officer may be withheld from the public in accordance with the Virginia Freedom of Information Act and those meetings concerning the decertification of an identifiable law-enforcement or jail officer may be closed. 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. (Less)-
Bill History
- 01/01/2024 - Senate: Prefiled and ordered printed; offered 01/10/24 24102026D
- 01/01/2024 - Senate: Referred to Committee for Courts of Justice
- 01/10/2024 - Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
- 01/23/2024 - Senate: Impact statement from DPB (SB88)
- 01/31/2024 - Senate: Senate committee, floor amendments and substitutes offered
- 01/31/2024 - Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
- 01/31/2024 - Senate: Committee substitute printed 24106492D-S1
- 01/31/2024 - Senate: Rereferred to Finance and Appropriations
- 02/05/2024 - Senate: Impact statement from DPB (SB88S1)
- 02/07/2024 - Senate: Reported from Finance and Appropriations (15-Y 0-N)
- 02/08/2024 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/2024 - Senate: Read second time
- 02/09/2024 - Senate: Reading of substitute waived
- 02/09/2024 - Senate: Committee substitute agreed to 24106492D-S1
- 02/09/2024 - Senate: Engrossed by Senate - committee substitute SB88S1
- 02/09/2024 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/2024 - Senate: Passed Senate (40-Y 0-N)
- 02/15/2024 - House: Placed on Calendar
- 02/15/2024 - House: Read first time
- 02/15/2024 - House: Referred to Committee on Public Safety
- 02/19/2024 - House: Assigned PS sub: Public Safety
- 02/22/2024 - House: House subcommittee amendments and substitutes offered
- 02/22/2024 - House: Subcommittee recommends reporting with substitute (6-Y 0-N)
- 02/23/2024 - House: Reported from Public Safety with substitute (21-Y 0-N)
- 02/23/2024 - House: Committee substitute printed 24108110D-H1
- 02/23/2024 - Senate: Impact statement from DPB (SB88H1)
- 02/27/2024 - House: Read second time
- 02/28/2024 - House: Read third time
- 02/28/2024 - House: Committee substitute agreed to 24108110D-H1
- 02/28/2024 - House: Engrossed by House - committee substitute SB88H1
- 02/28/2024 - House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
- 02/28/2024 - House: VOTE: Block Vote Passage (97-Y 0-N)
- 03/01/2024 - Senate: House substitute agreed to by Senate (39-Y 0-N)
- 03/01/2024 - Senate: Title replaced 24108110D-H1
- 03/06/2024 - Senate: Enrolled
- 03/06/2024 - Senate: Bill text as passed Senate and House (SB88ER)
- 03/06/2024 - Senate: Impact statement from DPB (SB88ER)
- 03/06/2024 - House: Signed by Speaker
- 03/07/2024 - Senate: Signed by President
- 03/11/2024 - Senate: Enrolled Bill Communicated to Governor on March 11, 2024
- 03/11/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 04/04/2024 - Governor: Approved by Governor-Chapter 494 (effective 7/1/24)
- 04/04/2024 - Governor: Acts of Assembly Chapter text (CHAP0494)
