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2019 SESSION

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19104536D
SENATE BILL NO. 1645 Offered January 9, 2019 Prefiled January 9, 2019 A BILL to amend the Code of Virginia by adding sections numbered 52-28.3, 53.1-29.1, and 53.1-124.1, relating to use of force; data collection and reporting requirement. ---------- Patron-- Boysko ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 52-28.3, 53.1-29.1, and 53.1-124.1 as follows:

§ 52-28.3. Reporting of use of force data; inclusion in annual Crime in Virginia report.

A. As used in this section, "serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ or mental faculty.

B. The Department of State Police shall include information regarding the following incidents involving use of force by a state or local law-enforcement officer in the annual Crime in Virginia report: (i) a civilian fatality that occurs in connection with the use of force by a state or local law-enforcement officer; (ii) any serious bodily injury to a civilian that occurs in connection with the use of force by a state or local law-enforcement officer; and (iii) in the absence of either death or serious bodily injury, the discharge of a firearm by a state or local law-enforcement officer at or in the direction of a person. The information shall include:

1. The date, time, and location of the incident;

2. The number of law-enforcement officers involved in the incident;

3. The basis for the initial contact between the civilian and the officer;

4. If the initial contact was due to unlawful or criminal activity, the most serious reported offenses committed by the civilian prior to or at the time of the incident;

5. The age, sex, gender identity, national origin, race, ethnicity, English proficiency status, and developmental or intellectual disability status, as defined in § 37.2-100, of the civilian;

6. The type of force used against the law-enforcement officer, civilian, or both, including the types of weapons used, if applicable;

7. The type of serious bodily injury or cause of death of the civilian, if applicable;

8. Whether the civilian resisted and the type of resistance, if applicable;

9. Any apparent or known impairment in the physical condition of the civilian, including drug or alcohol impairment, if applicable;

10. Whether, at any time during the incident, the civilian was armed or believed to be armed with a weapon;

11. The age, sex, gender identity, national origin, race, ethnicity, and English proficiency status of the law-enforcement officer;

12. Whether the law-enforcement officer was on duty at the time of the incident; and

13. In the case of a report pursuant to clause (i) or clause (ii), whether the law-enforcement officer discharged a firearm during the incident.

§ 53.1-29.1. Use of force; data collection and reporting; report.

A. As used in this section, "serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ or mental faculty.

B. The Department shall report to the General Assembly and the Governor on or before October 1 of each year information regarding the following incidents involving use of force by a correctional officer, for the previous fiscal year: (i) the fatality of an inmate that occurs in connection with the use of force by a correctional officer; (ii) any serious bodily injury to an inmate that occurs in connection with the use of force by a correctional officer; and (iii) in the absence of either death or serious bodily injury, the discharge of a firearm by a correctional officer at or in the direction of a person. The information shall include:

1. The date, time, and location of the incident;

2. The number of correctional officers involved in the incident;

3. The basis for the initial contact between the inmate and the correctional officer;

4. If the initial contact was due to unlawful or criminal activity, the most serious reported offenses committed by the inmate prior to or at the time of the incident;

5. The age, sex, gender identity, national origin, race, ethnicity, English proficiency status, and developmental or intellectual disability status, as defined in § 37.2-100, of the inmate;

6. The type of force used against the correctional officer, inmate, or both, including the types of weapons used, if applicable;

7. Type of injury or cause of death of the inmate, if applicable;

8. Whether the inmate resisted and the type of resistance, if applicable;

9. Any apparent or known impairment in the physical condition of the inmate, including drug or alcohol impairment, if applicable;

10. Whether, at any time during the incident, the inmate was armed or believed to be armed with a weapon;

11. The age, sex, gender identity, national origin, race, ethnicity, and English proficiency status of the correctional officer;

12. Whether the correctional officer was on duty at the time of the incident; and

13. In the case of a report pursuant to clause (i) or clause (ii), whether the correctional officer discharged a firearm during the incident.

C. The Department shall submit the annual report to the Governor and the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports, and the annual report shall be posted on the General Assembly's website. The Department shall publish the annual report on the Department's website no later than 10 days following its submission to the Governor and the General Assembly.

§ 53.1-124.1. Use of force; data collection and reporting; report.

A. As used in this section, "serious bodily injury" means bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ or mental faculty.

B. The sheriff, jail superintendent, or other jail administrator of every local correctional facility and regional jail shall report to the Board information regarding the following incidents involving use of force by a deputy sheriff or jail officer: (i) the fatality of an inmate that occurs in connection with the use of force by a deputy sheriff or jail officer; (ii) any serious bodily injury to an inmate that occurs in connection with the use of force by a deputy sheriff or jail officer; and (iii) in the absence of either death or serious bodily injury, the discharge of a firearm by a deputy sheriff or jail officer at or in the direction of a person. The information shall include:

1. The date, time, and location of the incident;

2. The number of deputy sheriffs or jail officers involved in the incident;

3. The basis for the initial contact between the inmate and the deputy sheriff or jail officer;

4. If the initial contact was due to unlawful or criminal activity, the most serious reported offenses committed by the inmate prior to or at the time of the incident;

5. The age, sex, gender identity, national origin, race, ethnicity, English proficiency status, and developmental or intellectual disability status, as defined in § 37.2-100, of the inmate;

6. The type of force used against the deputy sheriff or jail officer, inmate, or both, including the types of weapons used, if applicable;

7. The type of injury or cause of death of the inmate, if applicable;

8. Whether the inmate resisted and the type of resistance, if applicable;

9. Any apparent or known impairment in the physical condition of the inmate, including drug or alcohol impairment, if applicable;

10. Whether, at any time during the incident, the inmate was armed or believed to be armed with a weapon;

11. The age, sex, gender identity, national origin, race, ethnicity, and English proficiency status of the deputy sheriff or jail officer;

12. Whether the deputy sheriff or jail officer was on duty at the time of the incident; and

13. In the case of a report pursuant to clause (i) or clause (ii), whether the deputy sheriff or jail officer discharged a firearm during the incident.

C. The Board shall submit such information to the General Assembly and the Governor on or before October 1 of each year, for the previous fiscal year. The Board shall submit the annual report to the Governor and the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports, and the annual report shall be posted on the General Assembly's website. The Board shall publish the annual report on the Board's website no later than 10 days following its submission to the Governor and the General Assembly.