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2020 SESSION


CHAPTER 1165
An Act to amend the Code of Virginia by adding in Chapter 1 of Title 9.1 an article numbered 14, consisting of a section numbered 9.1-191, by adding sections numbered 15.2-1609.10 and 15.2-1722.1, and by adding in Title 52 a chapter numbered 6.1, consisting of sections numbered 52-30.1 through 52-30.4, relating to the Community Policing Act; data collection and reporting requirements.
[H 1250]
Approved April 11, 2020

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 9.1 an article numbered 14, consisting of a section numbered 9.1-191, by adding sections numbered 15.2-1609.10 and 15.2-1722.1, and by adding in Title 52 a chapter numbered 6.1, consisting of sections numbered 52-30.1 through 52-30.4, as follows:

Article 14.
Virginia Community Policing Report.

9.1-191. Community Policing Reporting Database; annual report.

A. The Department shall periodically access the Community Policing Reporting Database, which is maintained by the Department of State Police in accordance with 52-30.3, for the purposes of analyzing the data to determine the existence and prevalence of the practice of bias-based profiling and the prevalence of complaints alleging the use of excessive force. The Department shall maintain all records relating to the analysis, validation, and interpretation of such data. The Department may seek assistance in analyzing the data from any accredited public or private institution of higher education in the Commonwealth or from an independent body having the experience, staff expertise, and technical support capability to provide such assistance.

B. The Director shall annually report the findings and recommendations resulting from the analysis and interpretation of the data from the Community Policing Reporting Database to the Governor, the General Assembly, and the Attorney General beginning on or before July 1, 2021, and each July 1 thereafter. The report shall also include information regarding state or local law-enforcement agencies that have failed or refused to report the required data to the Department of State Police as required by 15.2-1609.10, 15.2-1722.1, and 52-30.2. A copy of the Director's report shall also be provided to each attorney for the Commonwealth of the county or city in which a reporting law-enforcement agency is located.

15.2-1609.10. Prohibited practices; collection of data.

A. No sheriff or deputy sheriff shall engage in bias-based profiling as defined in 52-30.1 in the performance of his official duties.

B. The sheriff of every locality shall collect data pertaining to motor vehicle or investigative stops pursuant to 52-30.2 and report such data to the Department of State Police for inclusion in the Community Policing Reporting Database established pursuant to 52-30.3. The sheriff of the locality shall be responsible for forwarding the data to the Superintendent of State Police.

15.2-1722.1. Prohibited practices; collection of data.

A. No law-enforcement officer shall engage in bias-based profiling as defined in 52-30.1 in the performance of his official duties.

B. The police force of every locality shall collect data pertaining to motor vehicle or investigatory stops pursuant to 52-30.2 and report such data to the Department of State Police for inclusion in the Community Policing Reporting Database established pursuant to 52-30.3. The chief of police of the locality shall be responsible for forwarding the data to the Superintendent of State Police.

CHAPTER 6.1.
VIRGINIA COMMUNITY POLICING ACT.

52-30.1. Definition.

For purposes of this chapter, unless the context requires a different meaning, "bias-based profiling" means actions of a law-enforcement officer that are based solely on the real or perceived race, ethnicity, age, gender, or any combination thereof, or other noncriminal characteristics of an individual, except when such characteristics are used in combination with other identifying factors in seeking to apprehend a suspect who matches a specific description.

52-30.2. Prohibited practices; collection of data.

A. No State Police officer shall engage in bias-based profiling in the performance of his official duties.

B. State Police officers shall collect data pertaining to motor vehicle or investigatory stops to be reported into the Community Policing Reporting Database. State Police officers shall submit the data to their commanding officers, who shall forward it to the Superintendent of State Police.

C. Each time a law-enforcement officer or State Police officer stops a driver of a motor vehicle, such officer shall collect the following data based on the officer's observation or information provided to the officer by the driver: (i) the race, ethnicity, age, and gender of the person stopped; (ii) the reason for the stop; (iii) the location of the stop; (iv) whether a warning, written citation, or summons was issued or whether any person was arrested; (v) if a warning, written citation, or summons was issued or an arrest was made, the warning provided, violation charged, or crime charged; and (vi) whether the vehicle or any person was searched.

D. Each state and local law-enforcement agency shall collect the number of complaints the agency receives alleging the use of excessive force.

52-30.3. Community Policing Reporting Database established.

A. The Department of State Police shall develop and implement a uniform statewide database to collect motor vehicle and investigatory stop records, records of complaints alleging the use of excessive force, and data and information submitted by law-enforcement agencies pursuant to 15.2-1609.10, 15.2-1722.1, and 52-30.2. The Department of State Police shall provide the Department of Criminal Justice Services with secure remote access to the database for the purposes of analyzing such data as required by subsection A of 9.1-191.

52-30.4. Reporting of state and local law-enforcement agencies required.

All state and local law-enforcement agencies shall collect the data specified in subsections C and D of 52-30.2, and any other data as may be specified by the Department of State Police, on forms developed by the Department of State Police.