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2020 SPECIAL SESSION I

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Senate Committee on Judiciary

Chair: John S. Edwards

Staff: Kristen Walsh, C. Quagliato
Date of Meeting: August 20, 2020
Time and Place: 9:30AM Update adds:SB 5006,5009,5029,5038,5043,5084,5110,5112
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 5002

Patron: Norment

Law-enforcement officers; prohibition on the use of neck restraints. Prohibits the use of neck restraints by law-enforcement officers. The bill defines "neck restraint" as the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person's movement or restricting the person's blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck restraints. The bill also provides that, in addition to any other penalty authorized by law, a violation is grounds for disciplinary action against the law-enforcement officer, including dismissal, demotion, suspension, or transfer of the law-enforcement officer.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-80.3, relating to law-enforcement officers; prohibition on the use of neck restraints.

20200124D

S.B. 5005

Patron: Norment

Department of Criminal Justice Services; criminal justice training academies. Adds to the powers and duties of the Department of Criminal Justice Services (the Department) regarding the oversight and evaluation of criminal justice training academies approved by the Department. The bill requires the Department to provide direct assistance to any academy not meeting established minimum standards or performance objectives. The bill also requires each training academy to submit an annual report evaluating the training academy's performance with regard to established minimum standards and performance objectives established by the Department. Finally, the bill requires the Department to provide an annual evaluation to every training academy, including in its evaluation information based upon the training academy's annual report and any internal audit or field visit conducted by the Department.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; certified criminal justice training academies.

20200123D

S.B. 5006

Patron: Norment

Expungement of police and court records; pardons. Allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.

A BILL to amend and reenact §§ 19.2-392.1, 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of police and court records; pardons.

20200173D

S.B. 5007

Patron: Morrissey

Criminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provides that if a jury cannot agree on a punishment, the court shall declare a mistrial. The bill provides that the attorney for the Commonwealth may not demand a jury trial when an order declaring a judicial emergency has suspended criminal jury trials. The bill also provides that the Virginia Criminal Sentencing Commission shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill that would result in a net decrease in periods of imprisonment in state adult correctional facilities.

A BILL to amend and reenact §§ 19.2-257, 19.2-264.3, 19.2-288, 19.2-295, 19.2-295.1, 19.2-295.3, and 30-19.1:4 of the Code of Virginia, relating to criminal cases; sentencing reform.

20200360D

S.B. 5009

Patron: Peake

Expungement of certain alcohol-related offenses. Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday, all court costs and fines and orders of restitution have been satisfied, and the person seeking the expungement is at least 21 years of age and has no other alcohol-related convictions. The bill provides that any person seeking expungement of an alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.

A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of certain alcohol-related offenses.

20200296D

S.B. 5013

Patron: Stuart

Possession of marijuana; prepay penalty. Provides that a summons for a violation of possession of marijuana shall contain the option for the person charged to prepay the civil penalty.

A BILL to amend and reenact § 18.2-250.1 of the Code of Virginia, relating to possession of marijuana; prepay penalty.

20200041D

S.B. 5014

Patron: Edwards

Minimum training standards for law-enforcement officers; crisis intervention team training. Requires all law-enforcement officers to complete crisis intervention team training as part of the compulsory minimum training standards subsequent to employment as a law-enforcement officer and as part of basic training and the recertification of law-enforcement officers.

A BILL to amend and reenact §§ 9.1-102 and 9.1-188 of the Code of Virginia, relating to minimum training standards for law-enforcement officers; crisis intervention team training.

20200045D

S.B. 5029

Patron: Lucas

Issuing citations; possession of marijuana and certain traffic infractions. Changes from primary offenses to secondary offenses the possession of marijuana and the traffic infractions of operating a motor vehicle (i) without a light illuminating a license plate, (ii) without an exhaust system that prevents excessive or unusual levels of noise, (iii) with certain sun-shading materials and tinting films, and (iv) with certain objects suspended in the vehicle. A secondary offense is one for which a summons can only be issued if the offender is stopped for another, separate offense. The bill also provides that no law-enforcement officer may lawfully search or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.

A BILL to amend and reenact §§ 15.2-919, 18.2-250.1, 46.2-1013, 46.2-1049, 46.2-1052, 46.2-1053, and 46.2-1054 of the Code of Virginia, relating to issuing citations; possession of marijuana and certain traffic infractions.

20200057D

S.B. 5033

Patron: Surovell

Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Provides that, upon the agreement of the Commonwealth and the defendant, a trial court may defer proceedings; defer entry of a conviction order, if none, or defer entry of a final order; and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties. The bill also defines "good cause" for purposes of a nolle prosequi for the prosecutorial disposal of a criminal case.

A BILL to amend and reenact § 19.2-265.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-298.02, relating to court authority in criminal cases; prosecutorial discretion to dispose of a criminal case.

20200573D

S.B. 5035

Patron: Hashmi


Law-enforcement civilian review boards. Authorizes a locality to establish a law-enforcement civilian review board 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 board; and (viii) undertake any other duties as reasonably necessary for the board to effectuate its lawful purpose to effectively oversee the law-enforcement agencies as authorized by the locality. 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 repeals the Law-Enforcement Officers Procedural Guarantee Act.

A BILL to amend and reenact §§ 2.2-3002, 9.1-300, 15.2-1507, 30-34.2:1, 40.1-51.4:4, and 44-123.3 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 6 of Title 9.1 a section numbered 9.1-601; and to repeal Chapter 5 (§§ 9.1-500 through 9.1-507) of Title 9.1 and § 15.2-723 of the Code of Virginia, relating to law-enforcement civilian review boards.

20200588D

S.B. 5037

Patron: Favola

Criminal Justices Services Board; Committee on Training. Changes the membership of the Committee on Training by requiring that one member be an attorney representing the Virginia Indigent Defense Commission, one member be an attorney representing civil liberty groups, and one member be a mental health provider; the bill lessens the representatives from the Virginia Sheriffs' Association and Virginia Association of Chiefs of Police from two representatives to one representative each and removes the representative designated by the Chairman of the Criminal Justices Services Board.

A BILL to amend and reenact § 9.1-112 of the Code of Virginia, relating to Criminal Justices Services Board; Committee on Training.

20200035D

S.B. 5038

Patron: McPike

Mobile crisis co-response team programs. Provides that the Department of Criminal Justice Services and the Department of Behavioral Health and Developmental Services shall support the development and establishment of a mental health first response and alert system that uses mobile crisis co-response team programs in areas throughout the Commonwealth. A mobile crisis co-response team is defined in the bill as a group of mental health service providers working with registered peer recovery specialists and law-enforcement officers as a team, with the mental health service providers leading such team, to help stabilize individuals during law-enforcement encounters and crisis situations. A "mental health first response and alert system" is defined in the bill as a process in which a call for service or other communication to an emergency 911 system or that is communicated with any other equivalent reporting system gets routed for the appropriate services, including directed to a mobile crisis co-response team for service.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 9.1-187.1, 9.1-188.1, and 9.1-189.1, relating to mobile crisis co-response team programs.

20200617D

S.B. 5040

Patron: Ebbin

Attorney General; criminal cases involving certain felonies committed by law-enforcement officers. Provides that the Attorney General, with the concurrence of the local attorney for the Commonwealth, may assist in the prosecution of certain felony offenses committed by law-enforcement officers during the performance of their official duties.

A BILL to amend and reenact § 2.2-511 of the Code of Virginia, relating to Attorney General; criminal cases involving certain felonies committed by law-enforcement officers.

20200038D

S.B. 5041

Patron: Stuart

Concealed handgun permits; demonstration of competence; effective date. Amends the delayed enactment clause for Chapter 390 and the delayed enactment clause for Chapter 1130 of the Acts of Assembly of 2020 so that the provisions of such chapters will take effect on January 1, 2022, instead of January 1, 2021. The bill has an emergency clause.

A BILL to amend and reenact the second enactment of Chapter 390 and the second enactment of Chapter 1130 of the Acts of Assembly of 2020, relating to concealed handgun permits; demonstration of competence; effective date.

20200524D

EMERGENCY

S.B. 5043

Patron: Deeds

Expungement of police and court records. Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, when all court costs, fines, and restitution have been paid and five years have elapsed since the date of completion of all terms of sentencing and probation. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.

A BILL to amend and reenact §§ 19.2-392.1, 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of police and court records.

20200574D

S.B. 5046

Patron: Edwards

Limitation on mandatory minimum punishment. Provides that mandatory minimum punishments shall not apply to any sentence imposed for an offense committed on or after January 1, 2021.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-12.2, relating to limitation on mandatory minimum punishment.

20200600D

S.B. 5049

Patron: Morrissey


Law-enforcement officers; prohibition on the use of neck restraints. Makes it a Class 1 misdemeanor for a law-enforcement officer to use a neck restraint in the performance of his official duties. The bill defines "neck restraint" as the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person's movement or restricting the person's blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck restraints.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-51.8, relating to law-enforcement officers; prohibition on the use of neck restraints.

20200054D

S.B. 5052

Patron: Reeves

Law-enforcement agencies; body-worn camera systems. Creates a special nonreverting fund to be known as the Body-Worn Camera System Fund to assist local law-enforcement agencies with the costs of purchasing, operating, and maintaining body-worn camera systems.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.7, relating to law-enforcement agencies; body-worn camera systems.

20200202D

S.B. 5053

Patron: Reeves

Burning cross on property of another or public place with intent to intimidate; penalty. Increases the penalty for burning a cross on the property of another or public place with intent to intimidate from a Class 6 felony to a Class 4 felony.

A BILL to amend and reenact § 18.2-423 of the Code of Virginia, relating to burning cross on property of another or public place with intent to intimidate; penalty.

20200193D

S.B. 5054

Patron: Reeves

Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty. Increases the penalty for displaying noose on property of another or a highway or other public place with intent to intimidate from a Class 6 felony to a Class 4 felony.

A BILL to amend and reenact § 18.2-423.2 of the Code of Virginia, relating to displaying noose on property of another or a highway or other public place with intent to intimidate; penalty.

20200194D

S.B. 5055

Patron: Reeves

Placing swastika on certain property with intent to intimidate; penalty. Increases the penalty for placing a swastika on certain property with the intent to intimidate from a Class 6 felony to a Class 4 felony. The bill also expands the crime to include placing a swastika with the intent to intimidate on the property of another, a highway, or other public place.

A BILL to amend and reenact § 18.2-423.1 of the Code of Virginia, relating to placing swastika on certain property with intent to intimidate; penalty.

20200195D

S.B. 5056

Patron: Reeves

Riots; acts of violence; penalty. Provides that a person is guilty of a Class 6 felony if a person commits an act of violence during a riot. The bill also increases the penalty for carrying a firearm during a riot from a Class 5 felony to a Class 4 felony and provides that same punishment for possessing a firearm during a riot.

A BILL to amend and reenact § 18.2-405 of the Code of Virginia, relating to riots; acts of violence; penalty.

20200184D

S.B. 5057

Patron: Reeves

Unlawful assembly; acts of violence; penalty. Provides that if a person commits an act of violence during an unlawful assembly, such person is guilty of a Class 6 felony. The bill also increases the penalty for carrying a firearm during an unlawful assembly from a Class 5 felony to a Class 4 felony and provides that same punishment for possessing a firearm during an unlawful assembly.

A BILL to amend and reenact § 18.2-406 of the Code of Virginia, relating to unlawful assembly; acts of violence; penalty.

20200185D

S.B. 5058

Patron: Reeves

Remaining at place of riot or unlawful assembly after warning to disperse; penalty. Increases the penalty for remaining at place of riot or unlawful assembly after warning to disperse from a Class 3 misdemeanor to a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-407 of the Code of Virginia, relating to remaining at place of riot or unlawful assembly after warning to disperse; penalty.

20200186D

S.B. 5059

Patron: Reeves

Injury to property or persons by persons unlawfully or riotously assembled; penalty. Eliminates the requirement that an injury must be premediated for any person or persons unlawfully or riotously assembled to be guilty of injury to another person. The bill also provides that if such violation occurs during a state of emergency then the offender is guilty of a Class 4 felony.

A BILL to amend and reenact § 18.2-414 of the Code of Virginia, relating to injury to property or persons by persons unlawfully or riotously assembled; penalty.

20200187D

S.B. 5060

Patron: Reeves

Obstructing emergency services personnel in performance of mission; penalty. Makes it a Class 1 misdemeanor to interfere with fire protection services personnel while such personnel are performing their duties. The bill also increases the penalty for interfering with emergency services personnel while such personnel are performing their duties from a Class 2 misdemeanor to a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-414.1 of the Code of Virginia, relating to obstructing emergency services personnel in performance of mission; penalty.

20200188D

S.B. 5061

Patron: Reeves

Abusive language to another; penalty. Clarifies that the crime of using abusive language to another applies to persons cursing or abusing law-enforcement officers or emergency personnel who are performing their assigned duties.

A BILL to amend and reenact § 18.2-416 of the Code of Virginia, relating to abusive language to another; penalty.

20200189D

S.B. 5062

Patron: Reeves

Picketing or disrupting tranquility of home; penalty. Increases the penalty of picketing or disrupting tranquility of home from a Class 3 misdemeanor to a Class 1 misdemeanor.

A BILL to amend and reenact § 18.2-419 of the Code of Virginia, relating to picketing or disrupting tranquility of home; penalty.

20200190D

S.B. 5063

Patron: Reeves

Decertification of law-enforcement officers; acts that compromise integrity or credibility. Requires the sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been placed on a Brady list because such officer committed acts that compromise an officer's credibility, integrity, honesty, or other characteristics that constitute exculpatory or impeachment evidence in a criminal case. The bill states that, upon receiving such notice, the Criminal Justice Services Board may decertify such law-enforcement or jail officer. The bill also allows the Criminal Justice Services Board to initiate such decertification proceedings.

A BILL to amend and reenact § 15.2-1707 of the Code of Virginia, relating to decertification of law-enforcement officers; acts that compromise integrity or credibility.

20200204D

S.B. 5073

Patron: DeSteph

Riots and unlawful assemblies; dangerous weapons; penalty. Provides that (i) a projectile of any kind; (ii) a laser, a laser gun sight, or any device that simulates a laser; (iii) a blunt instrument; or (iv) a shield is a dangerous weapon for the purposes of carrying a dangerous weapon during a riot or unlawful assembly.

A BILL to amend and reenact §§ 18.2-405 and 18.2-406 of the Code of Virginia, relating to riots and unlawful assemblies; dangerous weapons; penalty.

20200749D

S.B. 5074

Patron: DeSteph

Emergency medical services and equipment at the site of a riot or unlawful assembly; penalty. Makes it a Class 6 felony for any person to damage the operation of any equipment or apparatus used for fighting fires or for protecting property or human life by a fire company or fire department or any emergency medical services vehicle at the site of a riot or unlawful assembly. The bill also makes it a Class 6 felony for any person to unreasonably or unnecessarily obstruct the delivery of emergency medical services by emergency medical services agency personnel at the site of a riot or unlawful assembly.

A BILL to amend and reenact §§ 18.2-151.1 and 18.2-414.1 of the Code of Virginia, relating to emergency medical services and equipment at the site of a riot or unlawful assembly; penalty.

20200756D

S.B. 5075

Patron: DeSteph

Injury to property or persons by persons unlawfully or riotously assembled; penalty. Provides that any person or persons, unlawfully or riotously assembled, who pull down, injure, or destroy, or begin to pull down, injure, or destroy, the property of another where the cost of damage to such property is $1,000 or more is guilty of a Class 6 felony.

A BILL to amend and reenact § 18.2-414 of the Code of Virginia, relating to injury to property by persons unlawfully or riotously assembled; penalty.

20200748D

S.B. 5079

Patron: Stanley

Civil action for law-enforcement free zones and standing down during a riot or unlawful assembly. Provides a civil cause of action for any person who suffers a bodily injury or who has property damaged or destroyed in a law-enforcement free zone, defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.6, relating to civil action for law-enforcement free zones and standing down during a riot or unlawful assembly.

20200423D

S.B. 5084

Patron: McClellan

Mental health awareness response and community understanding services (Marcus) alert system. Provides that the Department of Criminal Justice Services and the Department of Behavioral Health and Developmental Services shall support the development and establishment of a mental health awareness response and community understanding services (Marcus) alert system in localities and areas throughout the Commonwealth. The bill provides that, by July 1, 2021, every locality shall have established, or be part of an area that has established, a Marcus alert system that uses community care teams. An area can be a combination of one or more localities or institutions of higher education located therein that may have law-enforcement officers. A "community care team" is defined in the bill as a group of mental health service providers working with registered peer recovery specialists and law-enforcement officers as a team, with the mental health service providers leading such team, to help stabilize individuals in crisis situations. A "mental health awareness response and community understanding services (Marcus) alert system" is defined in the bill as a process in which a call for service or other communication to an emergency 911 system or that is communicated with any other equivalent reporting system gets routed for the appropriate services, including calls for service being directed to a community care team.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 9.1 an article numbered 16, consisting of sections numbered 9.1-193 through 9.1-196, relating to community care teams and mental health awareness response and community understanding services (MARCUS) alert system.

20200791D

S.B. 5110

Patron: McDougle

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.

A BILL to amend and reenact §§ 19.2-389.3, 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of certain charges and convictions; alcohol and marijuana-related offenses.

20200494D

S.B. 5112

Patron: McDougle

Decertification of law-enforcement officers; acts that compromise integrity or credibility. Requires the sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been placed on a Brady list because such officer committed acts that compromise an officer's credibility, integrity, honesty, or other characteristics that constitute exculpatory or impeachment evidence in a criminal case. The bill states that, upon receiving such notice, the Criminal Justice Services Board may decertify such law-enforcement or jail officer. The bill also allows the Criminal Justice Services Board to initiate such decertification proceedings.

A BILL to amend and reenact § 15.2-1707 of the Code of Virginia, relating to decertification of law-enforcement officers; acts that compromise integrity or credibility.

20200496D