The Virginia Coalition of Police and Deputy Sheriffs plans to put forth legislation it says will give new rights to officers involved in internal investigations.
The measure, the language of which is still being hashed out with other police officials, is set to be considered by the General Assembly this month. Josh David, president of the statewide labor group, said the bill would allow an officer to have an attorney during internal questioning and prevent statements the officer makes immediately after an incident from being used against him in civil court, among other provisions.
“If you are questioned criminally, [an officer] has an absolute right to an attorney,” David told The Examiner. “But a police officer can be compelled to answer questions administratively involving an incident [without an attorney], which could have implications to them later on in a civil trial.”
He said the measure is meant to protect an officer in the aftermath of an event like a deadly shooting, when adrenaline is running high and a complete picture of what happened isn’t clear until days afterward.
The bill, to be introduced by Fairfax County State Senator Ken Cuccinelli, would also make the ruling of a department’s hearing panel binding, instead of just advisory to a police chief.
Dana Schrad, executive director of the Virginia Association of Chiefs of Police, a group currently in talks with the police unions, said the bill will have to “strike a balance” between the rights of an officer and accountability with the community.
