VA SB 88

Title: Law-enforcement and jail officers; various changes to provisions related to decertification.
Author: Mamie E. Locke

Summary
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 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 such decertification review hearings and any records submitted during the decertification review process may be closed and withheld from the public in accordance with the Virginia Freedom of Information Act. 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.

Status
Senate: Signed by President

Bill Documents
VA SB 88 - Committee substitute printed 24106492D-S1
2024-01-01 - VA SB 88 (Committee substitute printed 24106492D-S1)

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VA SB 88 - Prefiled and ordered printed; offered 01/10/24 24102026D
2024-01-01 - VA SB 88 (Prefiled and ordered printed; offered 01/10/24 24102026D)

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VA SB 88 - Senate committee, floor amendments and substitutes offered
2024-01-01 - VA SB 88 (Senate committee, floor amendments and substitutes offered)

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VA SB 88 - House subcommittee amendments and substitutes adopted
2024-01-01 - VA SB 88 (House subcommittee amendments and substitutes adopted)

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VA SB 88 - Substitute for Committee: Public Safety, Subcommittee: Public Safety, Recommended on 2/22/2024
2024-01-01 - VA SB 88 (Substitute for Committee: Public Safety, Subcommittee: Public Safety, Recommended on 2/22/2024)

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VA SB 88 - Committee substitute printed 24108110D-H1
2024-01-01 - VA SB 88 (Committee substitute printed 24108110D-H1)

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VA SB 88 - Bill text as passed Senate and House (SB88ER)
2024-01-01 - VA SB 88 (Bill text as passed Senate and House (SB88ER))

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