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2020 SPECIAL SESSION I
HB 5055 Law-enforcement civilian oversight bodies; localities may establish, duties, effective date.
Introduced by: Charniele L. Herring | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
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 SB 5035.
FULL TEXT
- 08/18/20 House: Prefiled and ordered printed; offered 08/18/20 20200472D pdf | impact statement
- 08/25/20 House: Committee substitute printed 20200962D-H1 pdf | impact statement
- 08/25/20 House: Substitute bill reprinted 20200962D-H1 pdf | impact statement
- 09/16/20 Senate: Committee substitute printed 20201194D-S1 pdf | impact statement
- 10/14/20 House: Conference substitute printed 20201374D-H2 pdf
- 10/16/20 House: Bill text as passed House and Senate (HB5055ER) pdf | impact statement
- 10/28/20 Governor: Acts of Assembly Chapter text (CHAP0029) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- House amendments not adopted
- Conference amendments
HISTORY
- 08/18/20 House: Prefiled and ordered printed; offered 08/18/20 20200472D
- 08/18/20 House: Referred to Committee on Public Safety
- 08/25/20 House: Reported from Public Safety with substitute (13-Y 9-N)
- 08/25/20 House: Committee substitute printed 20200962D-H1
- 08/25/20 House: Substitute bill reprinted 20200962D-H1
- 08/27/20 House: Read first time
- 08/28/20 House: Read second time
- 08/28/20 House: Committee substitute agreed to 20200962D-H1
- 08/28/20 House: Amendment by Delegate Wilt passed by (54-Y 41-N)
- 08/28/20 House: VOTE: Pass By (54-Y 41-N)
- 08/28/20 House: Engrossed by House - committee substitute HB5055H1
- 09/03/20 House: Read third time and passed House (53-Y 45-N)
- 09/03/20 House: VOTE: Passage (53-Y 45-N)
- 09/04/20 Senate: Constitutional reading dispensed
- 09/04/20 Senate: Referred to Committee on the Judiciary
- 09/16/20 Senate: Reported from Judiciary with substitute (7-Y 2-N)
- 09/16/20 Senate: Committee substitute printed 20201194D-S1
- 09/16/20 Senate: Rereferred to Finance and Appropriations
- 09/24/20 Senate: Reported from Finance and Appropriations (11-Y 4-N)
- 09/25/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 10/01/20 Senate: Passed by temporarily
- 10/01/20 Senate: Read third time
- 10/01/20 Senate: Reading of substitute waived
- 10/01/20 Senate: Committee substitute agreed to
- 10/01/20 Senate: Engrossed by Senate - committee substitute HB5055S1
- 10/01/20 Senate: Passed Senate with substitute (20-Y 19-N)
- 10/02/20 House: Placed on Calendar
- 10/02/20 House: Senate substitute rejected by House (1-Y 92-N)
- 10/02/20 House: VOTE: Adoption (1-Y 92-N)
- 10/07/20 Senate: Senate insisted on substitute (21-Y 15-N)
- 10/07/20 Senate: Senate requested conference committee
- 10/07/20 House: House acceded to request
- 10/07/20 House: Conferees appointed by House
- 10/07/20 House: Delegates: Herring, Price, Miyares
- 10/07/20 Senate: Conferees appointed by Senate
- 10/07/20 Senate: Senators: Hashmi, McClellan, Stuart
- 10/14/20 Conference: Amended by conference committee
- 10/14/20 House: Conference substitute printed 20201374D-H2
- 10/14/20 Senate: Conference report agreed to by Senate (21-Y 18-N)
- 10/14/20 House: Conference report agreed to by House (53-Y 35-N)
- 10/14/20 House: VOTE: Agreed To (53-Y 35-N)
- 10/16/20 House: Enrolled
- 10/16/20 House: Bill text as passed House and Senate (HB5055ER)
- 10/16/20 House: Signed by Speaker
- 10/16/20 Senate: Signed by President
- 10/21/20 House: Enrolled Bill communicated to Governor on October 21, 2020
- 10/21/20 Governor: Governor's Action Deadline 11:59 p.m., October 28, 2020
- 10/28/20 Governor: Approved by Governor-Chapter 29 (effective 7/1/21)
- 10/28/20 Governor: Acts of Assembly Chapter text (CHAP0029)