Legislators advance police reform measures
Published 6:00 am Wednesday, October 21, 2020
BY WILL GONZALEZ
Capital News Service
The Virginia General Assembly wrapped up the agenda this month for the special session that began Aug. 18. Legislators introduced more than 50 police and criminal justice reform bills during the session.
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Gov. Ralph Northam called the session to update the state budget and to address criminal and social justice and issues related to COVID-19. The governor still has to approve the budget and make amendments or veto bills.
Among the police and criminal justice reform measures were proposals that would change policing methods, impose new disciplinary actions for law enforcement and reduce penalties of certain crimes. Both parties introduced legislation that seemed to be inspired by months of protests across Virginia.
Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said the organization supports several criminal justice reform bills except the legislature’s approval of bills that make certain traffic violations secondary offences and the ban on no-knock search warrants.
“The way it was [the no-knock search warrant bill] delays the issuance of a search warrant that could lead to deaths, injuries and destruction of evidence,” Schrad wrote in an email. “We plan to seek [the] governor’s amendments to make final corrections to the bill to ensure the safety of officers and potential victims.”
Some Republican-backed bills aimed to increase penalties for certain crimes, including pointing a laser at a law-enforcement officer and for an assault on an officer, and to criminalize the act of cursing at an officer while on duty.
Below is a sample of the police and criminal justice-related legislation that were approved by both chambers.
Mental health response. House Bill 5043, introduced by Del. Jeffrey Bourne, D-Richmond, and Senate Bill 5038, introduced by Sen. Jeremy McPike, D-Dale City, establishes an alert system when someone is experiencing a mental health crisis.
Marijuana charge prepay. SB 5013, introduced by Sen. Richard Stuart, R-Westmoreland, gives people charged with marijuana possession the option to prepay a fee.
Crisis intervention. SB 5014, introduced by Sen. John S. Edwards, D-Roanoke, requires the Department of Criminal Justice Services to establish standards and update policies for law enforcement concerning sensitivity and awareness of racism.
Civilian oversight. SB 5035, introduced by Sen. Ghazala Hashmi, D-Midlothian, allows localities to establish a civilian oversight body for their police department. The civilian oversight body can investigate incidents involving law enforcement as well as complaints from citizens, and make binding disciplinary decisions, including termination, in the event that an officer breaches departmental and professional standards.
Sentencing reform. Sen. Joe Morrissey, D-Richmond, called his bill SB 5007 “the most transformative criminal justice reform legislation” to pass in two decades. The measure allows for defendants to be tried by a jury but sentenced by a judge.
“It has long been the practice in Virginia to be sentenced by a jury after selecting a jury trial, which has led to excessive sentences far beyond what sentencing guidelines state,” Morrissey posted online.
Conditional release. SB 5034, introduced by Sen. Jennifer B. Boysko, D-Fairfax, grants consideration for conditional release for certain qualifying terminally ill prisoners.
Marijuana and certain traffic offenses. HB 5058, introduced by Del. Patrick Hope, D-Arlington, prohibits an officer from stopping a motor vehicle for operating without a license plate, with defective equipment such as a brake light, window tinting materials, a loud exhaust system or hanging objects inside the vehicle. It also prohibits officers from searching a vehicle solely on the basis of the odor of marijuana.
Earned sentence credits. HB 5148, introduced by Del. Don Scott, D-Portsmouth, establishes a four-level classification system for earned sentence credits. The system allows a range of 3.5 days to 15 days to be deducted from an inmate’s sentence for every 30 days served, with exceptions based on severity of crime. The bill directs the Department of Corrections to convene a work group by next July to study the impact of the sentence credit amendments and report its findings to the General Assembly by Dec. 1, 2022. Parts of the bill have a delayed effective date of Jan. 1, 2022.
Criminal justice board. HB 5108, introduced by Del. Elizabeth Guzmán, D-Prince William, makes changes to the Criminal Justice Services Board and its Committee on Training. The board, currently made up exclusively of members with backgrounds in law enforcement and private security, will be required to add representatives from civil rights groups, mental health service providers and groups that advocate for the interests of minority communities. Guzmán said she got the idea for this bill while she was visiting the Criminal Justice Services Board with fellow legislators.
“We only have law enforcement voices at the table,” Guzmán said. “So, how can you learn about what is going on in the community if you don’t have their voice at the table?”
Guzmán said the bill will improve crisis intervention training and help police officers who may experience traumatic events while on the job.
Misconduct and termination. HB 5051, introduced by Del. Marcus Simon, D-Falls Church, requires a police department authority figure to notify the Criminal Justice Services Board if an officer is terminated for serious misconduct, as defined by the board, within 48 hours of the department becoming aware of it.
Disclosure of information. HB 5104, introduced by Del. Marcia Price, D-Newport News, requires sheriff, police chief or police department directors to disclose to a potential law enforcement or jail employer information regarding the arrest, prosecution or civil suit filed against their former officers seeking employment. The applicant would have to sign a waiver to allow that information to be disclosed. The bill also may require an officer to undergo a psychological evaluation before taking a job in a jail or police department.
Ban no-knock warrants. HB 5099, introduced by Del. Lashrecse Aird, D-Petersburg, bans law enforcement officers from executing a search warrant without giving notice of their identity or purpose before entering a residence.
“The use of no-knock search warrants have long been a controversial practice, since the beginning of their use during the Nixon administration in the 70’s,” Aird said in an email. “The tragic loss of Breonna Taylor renewed the concern regarding the use of this search warrant, the risk to residents and officers and their disproportionate application in minority communities.”
Unlawful use of excessive force. HB 5029, introduced by Del. Delores McQuinn, D-Richmond, requires that a law enforcement officer intervene when witnessing another officer using excessive force while on duty.
Carnal knowledge of detainees. HB 5045, introduced by Del. Karrie K. Delaney, D-Centreville, closes a loophole within the state law and makes it a Class 6 felony for a law enforcement officer to have sexual relations with a detainee, pre-arrest.
Prohibition of the use of neck restraints. HB 5069, introduced by Del. Jennifer Carroll Foy, D-Prince William, prohibits a law enforcement officer to use a neck restraint or chokehold while on the job. New York has had a ban on chokeholds since 1993, but the effectiveness of the law was called into question in 2014 when Eric Garner died after an apparent chokehold was used during his arrest by a New York City Police officer. The officer involved was not indicted, but was later fired.
Guzmán said that even though some of these bills may not be perfect, it’s better to improve civil rights in Virginia one piece of legislation at a time rather than to be dismissive of the Black Lives Matter movement.
“I would say that inaction is enabling, and if we don’t act, in a way we are saying we are OK with what is going on in today’s society,” Guzmán said. “We recognize the struggles, we recognize that there are problems, and we need to start tackling those issues and try to improve the lives of communities of color.”
Below are some pieces of legislation that didn’t make it through the House or Senate.
ABANDONED OR KILLED BILLS
Record expungement. SB 5043, sponsored by Sen. Creigh Deeds, D-Bath, and HB 5146, sponsored by Del. Charniele Herring, D-Alexandria, sought to expand the current expungement process. Police and court records are currently only expunged if an individual is acquitted, a case is dismissed or abandoned. Legislators did not reach a compromise in the conference committee over proposed substitutes to the bills.
“This is a very important issue,” Herring said at the close of Friday’s session. “It will change the lives of so many people who have served their time and have turned their lives around.”
Parole notification. SB 5050, Introduced by Sen. Mark Obenshain, R-Harrisonburg, would require the Department of Corrections to release a paroled prisoner no sooner than 21 days after the date of notification by the Virginia Parole Board.
Qualified immunity. HB 5013, introduced by Bourne, would have ended qualified immunity for police officers. Guzmán, who voted for the bill, was disappointed it didn’t pass, but said she feels good about the House Democrats’ bills and is looking forward to the next General Assembly session in January.
Virginia led the way during the special session where others haven’t, Del. Eileen Filler-Corn said in a press release.
“Together with our colleagues in the Senate, Virginia is now a national leader in the effort to pass necessary improvements to policing and criminal justice,” Filler-Corn said.